State v. Fernandez

In State v. Fernandez, 346 N.C. 1, 484 S.E.2d 350 (1997), the Supreme Court of North Carolina held that the defendant was not prejudiced by the failure of the State to provide a witness' written statement. Id. at 17-18, 484 S.E.2d at 360-61. The State had "diligently and repeatedly" attempted to locate the written statement, but could not provide it to the defendant because it was lost. Id. at 17, 484 S.E.2d at 360. The Supreme Court of North Carolina recognized that the purpose of obtaining the statement would have been to identify any of the witness' prior inconsistent statements. Id. However, our Supreme Court held that notes taken by an officer on the morning of the crimes show that the witness made statements consistent with her testimony shortly after her discovery of the crime scene. The defendant could not have shown that the witness made a prior inconsistent statement, and therefore the defendant was not prejudiced by the loss of the witness' statement. Id. at 17-18, 484 S.E.2d at 360-61.