NC Law Professor Joe Kennedy thinks it could happen.  I think it should happen.

An excerpt:

Obstruction of justice is a felony in North Carolina if it’s committed with the intent to deceive. The state bar has accused Nifong of intentionally excluding the exculpatory DNA results from his expert’s report and of subsequently misleading the trial judge as to their existence. If Nifong really intended to deceive the judge and the defense in order to prevent the introduction of those results into evidence at trial, he committed this felony.

Prosecutors are given some pretty broad latitude under the law when it comes to assembling evidence and convicting the guilty.  And rightfully so.  We all want to see criminals in jail.  That being said, when a prosecutor abuses that latitude he/she should have the proverbial “book” thrown at them.  They need to be made an example for other prosecutors who would be something less than forthright with evidence and the law in their over zealous drive to list another conviction on their resume. 

Because these prosecutors need to know that their are consequences for that kind of behavior.  Not every case garners the sort of attention this one did, and there are a lot of Nifongs out there who get away with convicting the innocent out of expediency and ambition more than a sound review of the evidence.