North Carolina v. Sanders

Order This case was heard 9 March 1987 on defendant's appeal from a judgment of death entered at the 4 February 1985 Criminal Session of Superior Court, Transylvania County, Winberry, J., presiding. This was defendant's second trial. On defendant's appeal from his first trial, conducted at the 28 June 1982 Criminal Session of Superior Court, Transylvania County, this Court summarily vacated the judgments against him and remanded for a new trial because of gross inadequacies in the trial transcript. State v. Sanders, 312 N.C. 318, 321 S.E.2d 836 (1984). One issue raised on appeal is whether certain items of incriminating evidence offered against defendant at his trial were lawfully taken from defendant's residence on 4 December 1981. The state contends the evidence was seized pursuant to a lawfully executed search warrant issued on probable cause. According to the application for the warrant, a reliable confidential informant advised investigators that he had seen the incriminating evidence in defendant's residence. Defendant contends this informant was a paid agent of the state when he discovered the evidence and the informant actually took the evidence from defendant's residence and delivered it to investigators before the warrant was executed.