State v. Atwell
State v. Atwell
Opinion of the Court
We first note that this appeal raised the same question that we decided in an accompanying case, State v. Atwell, 62 N.C. App. 643, --- S.E. 2d --- (No. 8221SC1059; filed 21 June 1983). The defendant there was the husband of the defendant in this case and the facts in both cases are substantially similar.
The same application for a search warrant that we upheld in Glenn Atwell’s case is attacked by the defendant here. For the reasons announced in that opinion, we again hold that the application and search warrant were valid.
Finally, we note that the briefs of the defendants in this case, and in Glenn Atwell’s case, are nearly identical even though they are signed by different attorneys. The statement of the facts and arguments are reproduced almost verbatim.
Although this practice is not prohibited by our rules or the law, we believe that defense attorneys should prepare briefs and records with care to state the strongest arguments of each individual defendant. Effective arguments were made here in the defendant’s brief, but irrelevant facts involving Glenn Atwell are mentioned throughout the record and the defendant’s brief. We discourage this practice in the future.
Because it was correct to deny the defendant’s motion to suppress for the reasons stated in our opinion in Glenn Atwell’s case, we affirm the trial judge’s 20 May 1982 order.
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.