STATE OF NORTH CAROLINA



|STATE OF NORTH CAROLINA |IN THE GENERAL COURT OF JUSTICE |

| |SUPERIOR COURT DIVISION |

|COUNTY OF ????? |FILE NO. ????? |

| | |

|STATE OF NORTH CAROLINA ) |MOTION IN LIMINE: UNRECORDED |

| ) |STATEMENTS OF DEFENDANT |

|v. ) | |

| ) | |

|?????????? ) | |

| ) | |

NOW COMES the defendant, by and through counsel, and hereby respectfully moves this Court to prohibit the State from introducing any statement allegedly made by the defendant during the course of interrogation by law enforcement unless such statement was electronically recorded. Statements that are reduced to writing, either by an interrogator, the defendant or a third person, do not have the indicia of reliability that is essential for the prosecution of a case where the State is seeking the death penalty. Therefore, introduction of a statement that has not been recorded through either audio or video devices would deny the defendant due process and subject him to cruel and unusual punishment. Therefore, the use of such statements should be prohibited pursuant to the Eighth and Fourteenth Amendments to the United States Constitution and Article I, ∍∍ 19 and 27 of the North Carolina Constitution.

This the _____ day of __________, 200_.

Attorney Name

N. C. State Bar No. _______

Address

Tel:

Fax:

Attorney Name

N. C. State Bar No. _______

Address

Tel:

Fax:

ATTORNEYS FOR DEFENDANT

CERTIFICATE OF SERVICE

I certify that I served a copy of the foregoing Motion in Limine: Unrecorded Statements of Defendant by first class mail upon:

Name

District Attorney

Address

This the ___ day of ____________, 200_.

______________________________

Name

................
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