{
  "id": 8527829,
  "name": "IN THE MATTER OF: MITZI VALENCIA COLEMAN 2711-C Patio Place Greensboro, North Carolina",
  "name_abbreviation": "In re Coleman",
  "decision_date": "1982-02-02",
  "docket_number": "No. 8118DC835",
  "first_page": "673",
  "last_page": "674",
  "citations": [
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      "type": "official",
      "cite": "55 N.C. App. 673"
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  "court": {
    "name_abbreviation": "N.C. Ct. App.",
    "id": 14983,
    "name": "North Carolina Court of Appeals"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [
    {
      "cite": "373 U.S. 83",
      "category": "reporters:federal",
      "reporter": "U.S.",
      "case_ids": [
        11716714
      ],
      "weight": 2,
      "year": 1963,
      "opinion_index": 0,
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        "/us/373/0083-01"
      ]
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  "last_updated": "2023-07-14T17:04:47.759339+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [
      "Chief Judge MORRIS and Judge VAUGHN concur."
    ],
    "parties": [
      "IN THE MATTER OF: MITZI VALENCIA COLEMAN 2711-C Patio Place Greensboro, North Carolina"
    ],
    "opinions": [
      {
        "text": "MARTIN (Harry C.), Judge.\nCouched in the language of respondent, we are asked to determine \u201cwhether the trial court\u2019s overruling of juvenile\u2019s objection and the petitioner\u2019s failure to disclose the juvenile record of Connie Swann, a co-defendant before trial as requested and ordered by the Court constitute reversible error entitling juvenile to a new trial?\u201d\nN.C.G.S. 7A-618(b) provides:\nNames of Witnesses. \u2014Upon motion of the juvenile, the judge shall order the petitioner to furnish the names of persons to be called as witnesses. A copy of the record of witnesses under the age of 16 shall be provided by the petitioner to the juvenile upon his motion if accessible to the petitioner.\nAt trial, Connie Swann testified as a witness for the state. Our reading of the record discloses that at one point during respondent\u2019s cross-examination of detective Brenda Bishop, the investigating officer, reference was made to a copy of an official Greensboro police report containing information which respondent alleges was not disclosed to her and about which she was entitled to know. This document is not included in the record before us. It is respondent\u2019s contention, however, that the substance of this document is not necessary to our determination, but that its mere non-disclosure violates the statute and entitles her to a new trial. We cannot agree.\nWe find nothing in the record except vague innuendos, circuitous comment, and unsupported allegations that the document to which respondent refers is a juvenile record as contemplated by the statute.\nAs we interpret the language in N.C.G.S. 7A-618(b), the state is required to disclose the record of juvenile witnesses for criminal convictions. Respondent herself supports this interpretation by arguing that a failure to disclose the juvenile record precluded an effective cross-examination of witness Swann by impeachment. Our rules of evidence bar cross-examination regarding an indictment or other charge of a crime, as distinguished from a conviction. See 1 Stansbury\u2019s N.C. Evidence \u00a7 112 (Brandis rev. 1973) (and cases cited therein).\nRespondent admits that she is unaware of what the document reflects. While it is true that suppression of evidence favorable to an accused upon request violates due process where the evidence is material to guilt, Brady v. Maryland, 373 U.S. 83, 10 L.Ed. 2d 215 (1963), we are unable to determine (1) whether the document contains information required by statute to be disclosed, and (2) whether the information would be favorable or material to respondent\u2019s case.\nAffirmed.\nChief Judge MORRIS and Judge VAUGHN concur.",
        "type": "majority",
        "author": "MARTIN (Harry C.), Judge."
      }
    ],
    "attorneys": [
      "Attorney General Edmisten, by Associate Attorney Emily R. Copeland, for the State.",
      "W. Steven Allen for respondent appellant."
    ],
    "corrections": "",
    "head_matter": "IN THE MATTER OF: MITZI VALENCIA COLEMAN 2711-C Patio Place Greensboro, North Carolina\nNo. 8118DC835\n(Filed 2 February 1982)\nInfants \u00a7 16\u2014 juvenile hearing \u2014failure to disclose record of juvenile witness \u2014absence of document in record on appeal\nA juvenile is not entitled to a new trial on the ground that the criminal record of a juvenile witness was not disclosed to respondent\u2019s counsel as required by G.S. 7A-618(b) where the document was not included in the record on appeal, and the appellate court is unable to determine whether the document contained information required by the statute to be disclosed and whether the information would be favorable or material to respondent\u2019s case.\nAppeal by respondent from Foster, Judge. Order signed 13 May 1981 in District Court, GUILFORD County. Heard in the Court of Appeals 13 January 1982.\nRespondent appeals from an order placing her on probation, she having previously been adjudicated a delinquent child for the unlawful burning of a school building in violation of N.C.G.S. 14-60.\nAttorney General Edmisten, by Associate Attorney Emily R. Copeland, for the State.\nW. Steven Allen for respondent appellant."
  },
  "file_name": "0673-01",
  "first_page_order": 705,
  "last_page_order": 706
}