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State v. Golphin8/25/2000
and copy or photograph books, papers, documents, photographs, motion pictures, mechanical or electronic recordings, buildings and places, or any other crime scene, tangible objects, or copies or portions thereof which are within the possession, custody, or control of the State and which are material to the preparation of his defense, are intended for use by the State as evidence at the trial, or were obtained from or belong to the defendant. N.C.G.S. § 15A-903(d) (1999) (emphasis added).
We have previously held "` ithin the possession, custody, or control of the State' as used in th provision means within the possession, custody or control of the prosecutor or those working in conjunction with him and his office." State v. Crews, 296 N.C. 607, 616, 252 S.E.2d 745, 751-52 (1979); see also State v. Pigott, 320 N.C. 96, 102, 357 S.E.2d 631, 635 (1987).
In the instant case, on 10 February 1998, Tilmon filed a motion for discovery of personnel files in which he requested that the trial court conduct an in camera review and then provide defendant any evidence deemed exculpatory as part of discovery. In the motion, Tilmon referred to newspaper articles published after the crimes which concerned an incident involving disciplinary action against Trooper Lowry two years prior to the crimes. At a pretrial hearing, the trial court denied the motion stating there was no justification for an in camera examination at that time, but the trial court reserved the right to order the files' production at a later time.
There was no violation of this discovery statute in the instant case. The list of discoverable items in the statute does not include victims' personnel files, see N.C.G.S. § 15A-903(d), and the personnel files were not in the possession, custody, or control of the prosecutor in this case, see id. See also State v. Cunningham, 344 N.C. 341, 352-53, 474 S.E.2d 772, 776 (1996) (holding regardless of whether the defendant had a right to an in camera inspection of the personnel file, he was not prejudiced by the trial court's refusal to allow it because the victim's conduct as a police officer would have no relevance to the question at issue in that case). Therefore, the trial court did not err in denying Tilmon's motion to discovery of the victims' personnel files.
By assignments of error, both Kevin and Tilmon argue the trial court erred in denying Tilmon's pretrial motion to suppress the incriminating statement Tilmon made to law enforcement officers after his arrest. Tilmon argues the police continued the custodial interrogation of him after he had invoked his right to counsel. Based upon this alleged violation, Tilmon contends the trial court should have granted his motion to suppress and the trial court's error in admitting the statement entitles him to a new trial. Kevin concedes he has no standing to assert Tilmon's constitutional rights but claims he was prejudiced by the erroneous admission of Tilmon's statement. Kevin argues Tilmon's confession directly incriminated Kevin because of the acting in concert theory submitted to the jury, and the jury could have drawn inferences regarding Kevin's participation in Deputy Hathcock's murder from omissions in Tilmon's statement. We disagree.
As to Tilmon's argument on this issue, we have previously stated that a motion in limine was not sufficient to preserve for appeal the question of admissibility of evidence if the defendant does not object to that evidence at the time it is offered at trial. See State v. Hayes, 350 N.C. 79, 80, 511 S.E.2d 302, 303 (1999) (per curiam). As a pretrial motion to suppress is a type of motion in limine, Tilmon's pretrial motion to suppress is not sufficient to preserve for appeal t
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