 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Davis12/21/2000
case altered prior case law on these matters. Braxton, 352 N.C. at 175, 531 S.E.2d at 437-38. Accordingly, we conclude that the short-form indictments are constitutional. Defendant's arguments concerning the validity of his indictments are without merit and are rejected.
In his twenty-sixth argument, defendant contends that the trial court erred in ordering defendant's mental health expert, Dr. Noble, to prepare and disclose to the State a written report of his findings and a copy of his handwritten notes of interviews with defendant. Defendant contends that the trial court's order exceeded the scope of N.C.G.S. § 15A-905(b) and violated defendant's attorney-client and Fifth Amendment privileges. We disagree.
N.C.G.S. § 15A-905 governs the procedures for court-ordered pretrial discovery in criminal cases. The statute provides, in relevant part:
If the court grants any relief sought by the defendant under G.S. 15A-903(e), the court must, upon motion of the State, order the defendant to permit the State to inspect and copy or photograph results or reports of physical or mental examinations or of tests, measurements or experiments made in connection with the case, or copies thereof, within the possession and control of the defendant which the defendant intends to introduce in evidence at the trial or which were prepared by a witness whom the defendant intends to call at the trial, when the results or reports relate to his testimony. N.C.G.S. § 15A-905(b) (1999).
In the case at hand, defendant requested discovery from the State and was given open file access to the State's files. Once defendant was given access to the State's files, it was logical and permissible for the trial court to order defendant's expert to prepare a written report and to produce handwritten notes for the State's perusal pursuant to N.C.G.S. § 15A-905(b). The trial court's order in this case simply provided for the reciprocal discovery requirements under N.C.G.S. § 15A-905(b) and did not exceed the scope of the discovery statute. See Atkins, 349 N.C. at 92-94, 505 S.E.2d at 116-17 (court order for defense expert to produce "all reports" and all of his notes did not violate N.C.G.S. § 15A-905(b)). We find no error in the trial court's order, which ensured fairness to both sides in the preparation of their case.
Defendant further contends that the trial court's order violated defendant's attorney-client privilege and privilege against self- incrimination. Defendant argues that the order allowed the State to gain access to information that defendant supplied to his attorney's agent, Dr. Noble, during and for the purpose of the investigation and preparation of his defense. We disagree.
Defendant's communications with Dr. Noble were not protected by an attorney-client privilege. The attorney-client privilege "covers only confidential communications made by the client to his attorney." State v. Brown, 327 N.C. 1, 20, 394 S.E.2d 434, 446 (1990). However, " communication is covered by the attorney-client privilege if it has been `made in the course of seeking or giving legal advice for a proper purpose.'" Jennings, 333 N.C. at 611, 430 S.E.2d at 204 (quoting 1 Henry Brandis, Jr., Brandis on North Carolina Evidence § 62, 302 (3d ed. 1988)). Nothing indicates that Dr. Noble examined or communicated with defendant in the course of seeking or giving legal advice. We are aware that "` isclosures made to the attorney's expert should be equally unavailable, at least until he is placed on the witness stand.'" State v. Ballard, 333 N.C. 515, 522, 428 S.E.2d 178, 182 (quoting United States ex rel. Edney v. Smith, 425 F. Supp. 1038, 1054 (E.D.N.Y. 1976), aff'd, 556 F.2d 556 (2d Cir.), cert.
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 North Carolina DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|