Elizabeth Holmes, who was convicted in 2022 for defrauding investors and is now serving time in federal prison, claimed this week that a key piece of evidence against her was a “false claim,” per this story from the N&O. Holmes founded the blood-testing startup Theranos in 2003. At trial, evidence showed that Holmes, without authorization, affixed drug companies’ logos to internal Theranos reports...
NC Criminal Law
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The state has a constitutional duty under the due process clause to disclose to the defendant any material evidence that is favorable to the defense for a trial or sentencing hearing. This duty applies in misdemeanor and felony cases.
The superior court has general jurisdiction over all felonies, as well as any misdemeanors which are lesser-included offenses of the felony, joined with the felony, or initiated by grand jury presentment. G.S. 7A-271(a).
If evidence is excluded by the trial court, the proponent of the evidence generally must provide an adequate offer of proof regarding the nature of the excluded evidence in order to argue on appeal that the evidence should have been allowed. See G.S. 8C-103(a)(2).
The core purpose of the Rules of Evidence is to achieve fairness, efficiency, and justice by ensuring that only relevant and reliable evidence is considered by the finder of fact. G.S. 8C-102(a).
The court is not bound by the rules of evidence (except for rules on privilege) when deciding whether challenged evidence is admissible.
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