State v. Pegram, 808 S.E.2d 179

In 2005 Gregory Todd Pegram pleaded guilty to first-degree murder, first-degree burglary, habitual misdemeanor assault, and communicating threats; he was sentenced to life without parole.
In 2016 Pegram filed pro se motions to locate and preserve evidence and for post-conviction DNA testing, plus a sworn affidavit/memorandum of innocence.
The trial court denied the motions, finding Pegram failed to show the evidence sought was material or that all statutory conditions for testing were met.
The State conceded some items (clothing, knife, blood) were related to the prosecution and that some evidence had not been DNA tested; Pegram had filed an affidavit of innocence.
The State and the record showed strong inculpatory evidence: eyewitness testimony (the victim’s daughter), multiple admissions and a written confession by Pegram, and statements to law enforcement offering to help locate the knife.
Pegram also sought suppression of his confession, but no ruling on that motion appears in the record and the issue was not preserved for appeal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court erred in denying post-conviction DNA testing under N.C. Gen. Stat. §15A-269	The State argued denial proper because even if testing were granted the additional evidence would not create a different outcome given admissions and eyewitness proof	Pegram argued the requested testing was material, not previously conducted, and his affidavit of innocence established a reasonable probability of a more favorable verdict if tested	Affirmed: Court held Pegram failed to show a reasonable probability the verdict would be more favorable; statutory prerequisites not satisfied
Whether Pegram’s suppression challenge to his confession preserved error for appeal	State argued confession was admissible and strongly inculpatory	Pegram argued confession should be suppressed (not ruled on below)	Not preserved: No trial-court ruling in the record, so issue is not before the appellate court
Appeal of motion to locate/preserve evidence	State sought denial as not meeting statutory standards	Pegram raised the motion but did not press it on appeal	Abandoned: Pegram raised no appellate argument on this motion; appeal deemed abandoned

State v. Gardner, 227 N.C. App. 364 (discussing standard of review for denial of post-conviction DNA testing)
State v. Williams, 362 N.C. 628 (explaining de novo review and appellate substitution of judgment)
In re Greens of Pine Glen Ltd. P'ship, 356 N.C. 642 (definition of de novo review)