State v. Shores

In State v. Shores, 155 N.C. App. 342, 350-51, 573 S.E.2d 237, 241-42 (2002), disc. review denied, 356 N.C. 690, 578 S.E.2d 592 (2003), the defendant was arrested for murder and initially waived his right to remain silent, giving two statements describing the circumstances of the killing to the investigating officers. Shores, 155 N.C. App. at 351, 573 S.E.2d at 242. Defendant then invoked his right to remain silent and at trial testified to "a more detailed exculpatory account of the incident." Id. The Court held the defendant's trial testimony "was not inconsistent with the statements given to police," as his later statements "merely provided more detail" concerning his original very brief statement to the police. Id. Because the statements were not inconsistent, the State's cross-examination of defendant attacking the differences between the statements was held to be an impermissible violation of defendant's rights under the state and federal Constitutions. Id.