State v. Caudill

742 S.E.2d 268, 227 N.C. App. 119, 2013 WL 1876659, 2013 N.C. App. LEXIS 476
CourtCourt of Appeals of North Carolina
DecidedMay 7, 2013
DocketNo. COA12-1064
StatusPublished

This text of 742 S.E.2d 268 (State v. Caudill) 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. Caudill, 742 S.E.2d 268, 227 N.C. App. 119, 2013 WL 1876659, 2013 N.C. App. LEXIS 476 (N.C. Ct. App. 2013).

Opinion

BRYANT, Judge.

Where the trial court’s findings of fact supported its conclusion that there was no violation of defendant’s statutory rights pursuant to section 15A-501(2) of the North Carolina General Statutes and defendant’s constitutional right to be taken before a court official without unnecessary delay following his arrest, we hold no error.

Facts and Procedural History

On 5 November 2007, defendant Joshua K. Caudill was indicted on charges of first degree murder, robbery with a dangerous weapon, and conspiracy to commit robbery with a dangerous weapon. Evidence at trial tended to show that on 8 July 2007, defendant, James Martin, Whitney Jenkins, and Amber Wood (“the four subjects”) were living together at a home located at Northwest 10ül Street, Oak Island, North Carolina. The four subjects discussed plans to rob Phillip Cook in order to obtain money to pay for rent and buy drugs. Phillip Cook was the owner of Island Way Restaurant and Jenkins was an employee there.

Jenkins testified that she knew Cook would close the restaurant at about 10:00 p.m. and would have more than $500.00 on his person. The plan was that defendant and Martin would be dropped off at Cook’s residence and Jenkins and Wood would wait at the restaurant until Cook left. Jenkins and Wood were to notify defendant and Martin of Cook’s departure from the restaurant - a plan to which everyone agreed.

Jenkins and Wood dropped off defendant and Martin at Cook’s residence. Defendant and Martin were dressed in hoodies and jeans and each was armed with a bedpost. Jenkins and Wood then drove to the Island Way Restaurant and waited outside in their vehicle. At about 10:00 pm, Jenkins and Wood saw Cook leave the restaurant carrying a brown briefcase, and enter his truck. Wood called defendant to tell him that Cook had left the restaurant and was on his way to his residence.

Jenkins and Wood followed Cook’s truck to Cook’s residence. Approximately five minutes after Jenkins and Wood began sitting in their parked car at the end of Cook’s driveway, defendant and Martin came out of Cook’s residence. They were out of breath and had Cook’s brown briefcase and the bedposts with them. Jenkins recalled one of them saying that they had “hit [Cook] and knocked him out.” The four subjects returned to their residence. They split the $500.00 in cash found [121]*121in the brown briefcase - half went to defendant and Wood and the other half to Martin and Jenkins. Days later, the four subjects learned through a newscast that Cook had died.

Doctor William Kelly, a pathologist for the State Medical Examiner, performed an autopsy on Cook’s body on 10 July 2007. Dr. Kelly testified that the cause of death was “blunt head injury to the... left side.”

Sergeant Loren Lewis of the Oak Island Police Department testified that on 18 July2007, at approximately 5:45 am, he received a call to respond to a breaking and entering at Northwest 10th Street. Several other officers were already at the scene. Upon her arrival, Sergeant Lewis observed the four subjects sitting on a bench outside of the house. Sergeant Lewis noticed that “[a]ll four subjects seemed to be nervous. They were stretching and tugging at their clothing. Kind of hyper, excited.” Pursuant to a protective sweep of the house, officers discovered a “plate that contained a crystal substance[.]” It was Sergeant Lewis’ opinion, based on his training and experience, that the crystal substance was methamphetamine. Although all four subjects admitted that the substance was crystal methamphetamine, no one would say to whom it belonged.

According to Sergeant Lewis “some noise or something outside the residence, spooked [the four subjects].” The four subjects “huddled up . . . like someone was going to come after them. They [had] an exaggerated, startled response to the noise].]” Officers attempted to calm the subjects down and have them sit down. When the subjects refused to sit down, they were handcuffed. After about ten minutes, when the subjects “calmed back down[,]” the handcuffs were taken off them.

Officers conducted a search of the residence pursuant to a consent to search form signed by all four subjects, including defendant. Following the search, the four subjects were placed under arrest for possession of methamphetamine and transported to the Oak Island Police Department. Previously at the residence, defendant had been advised of his Miranda rights, indicated that he understood his Miranda rights, and signed a waiver of rights form.

Sergeant Lewis testified that he left Northwest 10th Street with defendant at 8:56 a.m. and that they arrived at the police department at 9:02 a.m. Approximately an hour and 42 minutes later, defendant was transported by Sergeant Lewis to the Brunswick County Jail. Defendant was checked into the Brunswick County Jail at 11:12 a.m.

Sergeant Lewis turned defendant over to Detective Tony Burke of the Oak Island Police Department while he went to secure warrants for [122]*122the narcotics charges. Detective Burke interviewed all four subjects. Defendant was interviewed from 1:59 p.m. until 2:53 p.m.

Detective Burke testified that he advised defendant of his Miranda rights. Defendant indicated to Detective Burke that he “remembered his being advised of his Miranda Rights” and “that he was still willing to talk[.]” During this interview, defendant admitted his involvement in the robbery and murder of Cook.

On 1 June 2010, defendant was convicted by a jury of first degree murder, robbery with a dangerous weapon, and felony conspiracy to commit robbery with a dangerous weapon. Defendant was sentenced to life imprisonment without parole for the first degree murder conviction. Defendant was sentenced to 51 to 71 months for the remaining convictions. Defendant appeals.

On 20 May 2010, defendant filed two pre-trial motions to suppress. Defendant argues that the trial court erred by denying his second motion to suppress, in which he alleged that his statements to officers of the Oak Island Police Department were obtained in violation of section 15A-501(2) of the North Carolina General Statutes.1

Section 15A-501(2) of the North Carolina General Statutes provides that “upon the arrest of a person he must be taken before a judicial official without unnecessary delay.” State v. Littlejohn, 340 N.C. 750, 757, 459 S.E.2d 629, 633 (1995).

G.S. 15A-974(2) provides that evidence “obtained as a result” of a substantial violation of the provisions of Chapter 15A must be suppressed upon timely motion, and that the use of the term “result” in the statute indicated that a causal relationship between a violation of the statute and the acquisition of the evidence sought to be suppressed must exist.

State v. Hunter, 305 N.C. 106, 113, 286 S.E.2d 535, 539 (1982) (emphasis added).

[123]*123This Court’s review of a trial court’s denial of a motion to suppress in a criminal proceeding is strictly limited to a determination of whether the court’s findings are supported by competent evidence, even if the evidence is conflicting, and in turn, whether those findings support the court’s conclusions of law. [I]f so, the trial court’s conclusions of law are binding on appeal.

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Related

Gerstein v. Pugh
420 U.S. 103 (Supreme Court, 1975)
County of Riverside v. McLaughlin
500 U.S. 44 (Supreme Court, 1991)
State v. Littlejohn
459 S.E.2d 629 (Supreme Court of North Carolina, 1995)
State v. Francis
459 S.E.2d 269 (Supreme Court of North Carolina, 1995)
State v. Hunter
286 S.E.2d 535 (Supreme Court of North Carolina, 1982)
State v. Wallace
528 S.E.2d 326 (Supreme Court of North Carolina, 2000)
State v. Chapman
471 S.E.2d 354 (Supreme Court of North Carolina, 1996)
State v. Reynolds
259 S.E.2d 843 (Supreme Court of North Carolina, 1979)
State v. Little
692 S.E.2d 451 (Court of Appeals of North Carolina, 2010)
State v. Scruggs
706 S.E.2d 836 (Court of Appeals of North Carolina, 2011)
State v. Littlejohn
459 S.E.2d 629 (Supreme Court of North Carolina, 1995)

Cite This Page — Counsel Stack

Bluebook (online)
742 S.E.2d 268, 227 N.C. App. 119, 2013 WL 1876659, 2013 N.C. App. LEXIS 476, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-caudill-ncctapp-2013.