State v. McCoy, 228 N.C. App. 488

Defendant Willie Mack McCoy, Jr. appeals convictions for assault inflicting physical injury by strangulation, simple assault, and second-degree rape.
Dana and McCoy had an eight-and-a-half-year relationship with two children and a history of abuse; Dana left in May 2009 and stayed with Brown in Fayetteville.
On August 1, 2009, Brown took Dana and Kaitlyn Rose to a Courtyard Marriott to meet a client; McCoy suddenly attacked Dana outside the hotel.
McCoy dragged Dana to his car, assaulted her in transit (including striking with a glass bottle and choking her), and transported her to a friend’s house, then later to Dunn and Smithfield hotel rooms.
Dana was held against her will and forced to have sex; authorities later located McCoy via cell phone tracking, and Dana was hospitalized with extensive injuries; a semen sample matched McCoy’s DNA.
At trial, the jury found McCoy guilty of the charged offenses, acquitted an additional count of second-degree rape, and the court declared a mistrial on several other counts; McCoy was sentenced to concurrent terms for the rape and assault offenses.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the OPSI Report was improperly withheld from defense.	State contends the report could be material to defense credibility.	McCoy argues withholding violated due process by depriving defense of favorable evidence.	No error; report not material and not likely to affect outcome.
Whether the trial court erred by excluding Brown’s prior violence against Kaitlyn Rose.	State argues evidence would help explain Brown’s potential culpability.	McCoy contends exclusion prejudiced defense by showing third-party liability.	Exclusion proper; evidence too attenuated and not inconsistent with guilt.

State v. Thompson, 187 N.C. App. 341 (N.C. App. 2007) (test for materiality of undisclosed evidence in appeal)
State v. McGill, 141 N.C. App. 98 (N.C. App. 2000) (favorable and material evidence required for disclosure)
Pennsylvania v. Ritchie, 480 U.S. 39 (Supreme Court 1987) (materiality standard: reasonable probability evidence would change outcome)
Kyles v. Whitley, 514 U.S. 419 (Supreme Court 1995) (withheld statements could undermine investigation and credibility)
State v. Tirado, 358 N.C. 551 (N.C. 2004) (materiality burden on defense)
State v. Alston, 307 N.C. 321 (N.C. 1983) (materiality and reasonable doubt standard)
State v. Cotton, 318 N.C. 663 (N.C. 1987) (third-party evidence must directly implicate the other party)
State v. Brewer, 325 N.C. 550 (N.C. 1989) (evidence must be more than remote opportunity)
State v. Reid, 204 N.C. App. 122 (N.C. App. 2010) (offer of proof required to review exclusion of evidence)