State v. Herring

In State v. Herring, 322 N.C. 733, 747-48, 370 S.E.2d 363, 372 (1988), the defendant argued the trial court should have sanctioned the State for failing to disclose the results of footprint comparisons to the defendant. Id. In overruling defendant's contention, the Supreme Court noted: When the State offered footprint comparison evidence, the defendant did not object or request sanctions against the State. The defendant may not now complain that the trial court abused its discretion in failing to sanction the State for this alleged discovery violation. Having failed to draw the trial court's attention to the alleged discovery violation, the defendant denied the court an opportunity to consider the matter and take appropriate steps. Id.