State v. Bowman

818 S.E.2d 718, 260 N.C. App. 609
CourtCourt of Appeals of North Carolina
DecidedAugust 7, 2018
DocketCOA17-657
StatusPublished
Cited by2 cases

This text of 818 S.E.2d 718 (State v. Bowman) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Bowman, 818 S.E.2d 718, 260 N.C. App. 609 (N.C. Ct. App. 2018).

Opinions

INMAN, Judge.

*719*609Duval Lamont Bowman ("Defendant") appeals from a final judgment and commitment following a jury verdict finding him guilty of first-degree murder, attempted armed robbery, and possession of a *610firearm by a felon. Defendant argues that the trial court erred by: (1) failing to exclude statements he made during a police interrogation in which he was denied his constitutional right to an attorney; (2) violating Defendant's constitutional right to cross-examine the State's principal witness; (3) allowing the State to impeach its own witness with a subsequent witness; and (4) allowing a detective to testify as an expert without properly qualifying the detective as such. During the pendency of his appeal, Defendant filed a motion for appropriate relief with this Court arguing that his constitutional right to due process was violated because the State permitted its principal witness to falsely testify regarding whether she would benefit in exchange for her testimony against Defendant.

After careful consideration, we hold that the trial court committed a constitutional error in restricting Defendant's cross-examination of the State's principal witness and that the State has failed to show that the error was harmless beyond a reasonable doubt; therefore, we vacate the trial court's judgment and remand for a new trial. Defendant's motion for appropriate relief is dismissed as moot.

Factual and Procedural History

The State's evidence at trial tended to show the following:

In the early morning of 23 February 2014, Defendant borrowed a friend's vehicle and went to the home of Lakenda Malachi and her fiancé Anthony Johnson. Defendant, Malachi, and Johnson were all associates in the drug business.

When Defendant arrived at Malachi's house, he confronted Johnson about money Johnson allegedly owed Defendant. Malachi testified that she witnessed Defendant pointing two guns at Johnson, at which point Defendant said: "Y'all did me dirty." As Malachi ran to the next room she heard shots being fired. Defendant then demanded that Malachi give up the money. She locked herself in the other room. Defendant kicked the door open and Malachi told him that she would find the money.

As Malachi began looking for the money, Defendant starting hitting her with the guns and told her that he was going to kill Johnson. Malachi ran outside and hid in the bushes. She reached a neighbor's door and was able to make two phone calls: the first was to a male friend named "Royal Highness Salley," and the second was to another male friend named Kasim Washington. After Malachi made her phone calls, the neighbor called 9-1-1.

*611Approximately ten minutes later, police arrived at the neighbor's house to find Malachi crying and mumbling. Police found Johnson in Malachi's house lying face down in the living room without a pulse. EMS pronounced Johnson dead at the scene. He had been shot twice in the back and once in the left leg and died as a result of the wounds to his back.

Defendant was apprehended in New York by United States Marshals and returned to North Carolina. On 28 March 2014, Detectives interviewed Defendant. Defendant denied any involvement in Johnson's death. Defendant was indicted on 4 May 2015 for murder and on 4 January 2016 for possession of a firearm by a felon. On 6 June 2016, a superseding indictment was filed for first-degree murder along with an indictment for attempted robbery with a dangerous weapon.

Defendant's case went to trial in July 2016. The State presented no physical evidence linking Defendant to the shooting but argued that Malachi's eyewitness testimony established his guilt. On 27 July 2016, the jury found Defendant guilty on all charges and the trial court sentenced Defendant to life imprisonment without the possibility of parole. Defendant appealed in open court.

*720Analysis

We address only one of Defendant's arguments on appeal, which we hold entitles him to a new trial. Defendant contends that the trial court erred by limiting the scope of his cross-examination of Malachi, preventing him from adequately questioning her regarding pending drug charges in Guilford County for which she could receive a favorable plea offer contingent on her testimony against Defendant. After careful review of the record and applicable law, we agree.

"Under the Confrontation Clause of the Sixth Amendment to the United States Constitution, an accused is guaranteed the right to be confronted with his adverse witnesses." State v. Ward , 354 N.C. 231, 260, 555 S.E.2d 251, 269 (2001) (citing State v. McNeil , 350 N.C. 657, 677, 518 S.E.2d 486, 498 (1999) ). "This right, however, is not without limits, and the trial court 'retain[s] broad discretion to preclude cross-examination that is repetitive or that is intended to merely harass, annoy or humiliate a witness.' " Id. at 260, 555 S.E.2d at 270 (quoting State v. Mason , 315 N.C. 724, 730, 340 S.E.2d 430, 434 (1986) ).

It is well established that pending criminal charges or any criminal convictions for which a witness is currently on probation are generally permissible topics for cross-examination because "the jury is entitled to *612consider, in evaluating a witness's credibility, the fact [that] the State has a 'weapon to control the witness.' " State v. Ferguson , 140 N.C. App. 699, 705, 538 S.E.2d 217, 222 (2000) (quoting State v. Prevatte , 346 N.C. 162, 164, 484 S.E.2d 377, 378 (1997) ).

In Prevatte

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State v. Bowman
831 S.E.2d 316 (Supreme Court of North Carolina, 2019)

Cite This Page — Counsel Stack

Bluebook (online)
818 S.E.2d 718, 260 N.C. App. 609, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-bowman-ncctapp-2018.