STATE OF NORTH CAROLINA

COUNTY OF

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO.:

 

 

                          

                                                      )

STATE OF NORTH CAROLINA              )

                                                      )        MOTION     

vs.                                                   )

                                                      )

                                                      )

                                    Defendant     )

                                                      )

 

         NOW COMES THE STATE OF NORTH CAROLINA, by and through the undersigned Assistant District Attorney and Moves the Court to bar the above named defendant and his counsel from disclosing any statements of the defendant during the State’s case in chief, unless and until the State offers these statements into evidence.  In support of this Motion, the State shows the Court the following:

 

         1.       That the defendant made statements that are arguably self-serving; and,

 

         2.       That pursuant to NCGS 8C-801 such statements are hearsay unless offered against the defendant by the State or as corroboration of defendant’s testimony should the defendant choose to offer evidence; and,

 

         3.       That should the defendant seek to offer these statements prior to the defendant testifying, the State would effectively be denied its right to cross examine the declarant/defendant in violation of the Confrontation Clause of the United States Constitution; and,

 

         4.       Finally, defense counsel questions of officers about these statements, without their introduction, would be unfairly prejudicial, tend to confuse the issues and mislead the jury in violation of NCGS 8C-403.  SEE State v. Lovin, 339 NC 695 (1995); State v. Vick, 341 NC 569 (1995) and State v. Ballard, 127 NC App. 316 (1997), cert. granted 347 NC 673, 500 SE2d 90 (1998). 

 

         WHEREFORE THE STATE PRAYS THE COURT ORDER:

 

         1.       That self serving statements of the defendant, whether written, oral or recorded, shall not be admissible by the defendant during cross-examination of the State’s witnesses or during the defendant’s case in chief unless and until the defendant testifies; and,

 

         2.       That counsel for the defendant shall be precluded from questioning the State’s witnesses during cross examination as to the substance, nature or circumstances surrounding statements made by the defendant not offered by the State in its case in chief unless and until the defendant testifies. 

 

         This the _____ day of ______________________, 20_____.

 

 

 

 

                                                      ____________________________________

                                                      Michael D. Parker

                                                      Chief Assistant District Attorney

                                                      20^th Prosecutorial District

                                                      Post Office Box 1065

                                                      Monroe, North Carolina 28111-1065

                                                      (704) 289-3340