State v. Curmon

In State v. Curmon, 295 N.C. 453, 456, 245 S.E.2d 503, 505 (1978), the defendant argued that his case should have been dismissed because his arresting officers allegedly failed to inform him of his right to communicate with friends pursuant to N.C. Gen. Stat. 15A-501(5). However, the Court stated that "a mere technical error will not entitle a defendant to a new trial; rather, it is necessary that the error be material and prejudicial." Id. at 457, 245 S.E.2d at 505. Thus, the Court held that: "in view of the findings that defendant was informed of his Miranda rights, waived these rights, and voluntarily submitted his statement to police, the Court do not see how defendant could have suffered prejudice had he actually been denied his statutory right to communicate with friends." Id. at 456-57, 245 S.E.2d at 505.