State v. Allen, 222 N.C. App. 707

Defendant Derrick Allen was charged with first degree murder, felony child abuse, and first degree statutory sex offense in connection with Ava's February 1998 death.
Ava died after Ava’s vaginal injuries and brain injuries were observed; medical examiner ruled shaken baby syndrome as the cause of death.
The State conducted blood testing, including Takayama confirmatory tests, with some results documented inconsistently and without clear narrative.
Ms. Ward, a critical State witness, was polygraphed and gave statements; the timing and disclosure of these items became central to discovery disputes.
Extensive discovery motions were litigated over years, culminating in a 2010 hearing where the trial court dismissed the charges with prejudice for alleged discovery and Brady violations.
The North Carolina Court of Appeals reversed, holding the trial court erred in dismissing the case and remanded for further proceedings.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Brady violations were properly found	State argues no Brady violation occurred; alleged nondisclosures were not material.	Allen contends undisclosed material impeachment/exculpatory information prejudiced due process.	No sustained Brady violation; dismissal reversed on that basis.
Disclosure of Ward polygraph and statements	Disclosures timely and not material to guilt; pre-plea timing allowed effective use.	Undisclosed polygraph and Ward statements were Brady material affecting credibility.	Brady violation not established; no pretrial or pre-plea material prejudice found.
Takayama negative tests and lab reporting	Negative Takayama results and reporting were crucial to defense and ethical concerns.	Disclosures inadequate and misleading lab reporting amounted to Brady/Constitutional breach.	No Brady/non-disclosure violation; report attributes did not compel dismissal.
Discovery sanctions under 15A-910	State willfully violated discovery orders; dismissal with prejudice justified.	Disclosures were provided; sanctions excessive; not warranted.	Trial court erred in sanctions; reverse and remand.
Use of death penalty to induce plea	State leveraged capital case posture to induce guilty plea while withholding information.	Plea was involuntary due to prosecutorial misconduct and coercive tactics.	No flagrant misconduct; not a basis to sustain dismissal.

Brady v. Maryland, 373 U.S. 83 (U.S. Supreme Court 1963) (due process requires disclosure of favorable evidence)
United States v. Ruiz, 536 U.S. 622 (U.S. Supreme Court 2002) (pre-plea impeachment disclosure not required)
Napue v. Illinois, 360 U.S. 264 (U.S. Supreme Court 1959) (false evidence by state requires new trial if material)
United States v. Bagley, 473 U.S. 667 (U.S. Supreme Court 1985) (materiality standard for suppressed evidence)
Taylor v. State, 344 N.C. 31 (N.C. Supreme Court 1996) (timing of disclosure and opportunity to use evidence)
State v. Wise, 326 N.C. 421 (N.C. Supreme Court 1997) (Brady/public disclosure timing considerations for pretrial relief)
State v. Cunningham, 108 N.C. App. 185 (N.C. App. 1992) (discovery scope includes test procedures and data)
State v. Fair, 164 N.C. App. 770 (N.C. App. 2004) (open-file discovery and related materials)
State v. Brewington, 352 N.C. 489 (N.C. Supreme Court 2000) (polygraph results not discoverable; due process concerns addressed)