State v. Rhodes, 366 N.C. 532

Rhodes Jr. was convicted on 5 March 2010 of possession with intent to manufacture, sell, or deliver cocaine and possession of drug paraphernalia.
After his conviction, Rhodes Sr. gave a post-trial statement to a probation officer claiming the drugs belonged to him.
The trial court granted a new trial, concluding the post-trial statement was newly discovered evidence under N.C.G.S. § 15A-1415(c).
The Court of Appeals affirmed the trial court’s order granting a new trial.
The State pursued discretionary review, arguing the trial court erred in treating the statement as newly discovered evidence due to lack of due diligence.
The North Carolina Supreme Court reversed, holding the information implicating Rhodes Sr. was available before the conviction and therefore not newly discovered.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Rhodes Sr.'s post-trial statement constitutes newly discovered evidence under §15A-1415(c).	State: information was available pre-trial; not newly discovered; due diligence not satisfied.	Rhodes, Sr.'s statement could be newly discovered with due diligence; trial court did not err in so finding.	Not newly discovered; due diligence not satisfied; trial court erred

State v. Beaver, 291 N.C. 137, 229 S.E.2d 179 (1931) (newly discovered evidence requires due diligence; burden on defendant)
State v. Davis, 203 N.C. 316, 166 S.E. 292 (1932) (new trials for newly discovered evidence to be granted with utmost caution)
State v. Casey, 201 N.C. 620, 161 S.E. 81 (1931) (burden on defendant to show due diligence; may need affidavit before trial)
State v. Dixon, 259 N.C. 249, 130 S.E.2d 333 (1963) (no new discovery where the defendant knew of witness before or during trial)
State v. Wheeler, 249 N.C. 187, 105 S.E.2d 615 (1958) (appellate review of trial court findings; respect to findings if supported by evidence)
State v. Wiggins, 334 N.C. 18, 431 S.E.2d 755 (1993) (due diligence requirement for newly discovered evidence; de novo review of legal conclusions)