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Claim II
PROSECUTORIAL MISCONDUCT
Last Revised • July 1, 2026
Claim II alleges that prosecutorial misconduct deprived the Defendant of a fair trial by suppressing material exculpatory evidence, limiting the opportunity to confront key witnesses, and preventing the jury from hearing evidence favorable to the defense. The claim argues that these actions violated constitutional guarantees of due process and a fair trial under the United States and North Carolina Constitutions.
Topics Covered
01Suppression of Exculpatory Evidence
Allegations that prosecutors withheld material evidence favorable to the defense, including witness testimony and investigative records.
Witness Testimony and the Right of Confrontation
Discussion of unavailable witnesses, testimonial statements, and the Defendant's constitutional right to confront witnesses.
Excluded Defense Evidence
Discussion of testimony and evidence excluded from the jury that allegedly supported the defense theory of the case.
Brady Materiality and Prosecutorial Misconduct
Discussion of Brady obligations, cumulative prejudice, and the legal authorities supporting Claim II.
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