State v. Dalton

794 S.E.2d 485, 369 N.C. 311, 2016 N.C. LEXIS 1121
Supreme Court of North Carolina·Decided December 21, 2016·No. 336PA15·Published·Cited by 6 cases

Opinions

BEASLEY, Justice.

We consider whether the Court of Appeals erred in holding that the prosecutor’s closing arguments exaggerating a defendant’s likelihood of being released from civil commitment upon a finding of not guilty by reason of insanity constituted prejudicial error. We hold that the statements at issue were improper and prejudicial. Accordingly, we affirm the decision of the Court of Appeals granting defendant a new trial.

Melissa Amber Dalton (defendant) has along history of substance abuse and mental illness, including bipolar disorder and borderline personality disorder. On or about 29 July 2009, defendant received inpatient treatment for mental health and addiction issues at the Neil Dobbins Center, a crisis treatment facility. At that time Daniel Johnson, M.D. diagnosed defendant with cocaine dependence, cannabis abuse and substance induced mood disorder, borderline personality disorder, and intrauterine pregnancy. Dr. Johnson prescribed Lexapro, a selective serotonin reuptake inhibitor (SSRI). Unbeknownst to Dr. Johnson, defendant had previously reacted negatively to another [313] SSRI, Prozac. Defendant was discharged from the facility approximately three days later.

After defendant returned home from Neil Dobbins, she continued taking Lexapro. Defendant’s boyfriend noticed that defendant was acting unpredictably, and he removed their infant daughter from defendant’s apartment. On the night of 20 August 2009, defendant’s boyfriend called defendant’s mother and asked her to check on defendant because he noticed that defendant seemed depressed. After observing defendant’s strange behavior, defendant’s mother went to the magistrate’s office and “tried to have [defendant] committed.” The magistrate told her to speak with a social worker and return the next day. That evening defendant exchanged some electronics for a gram of crack cocaine.

Defendant lived in an apartment in Brevard, North Carolina, where Naomi Jean Barker (Barker) and Richard Holden (Holden) were her neighbors. Early in the morning of 21 August 2009, defendant knocked on Barker and Holden’s front door claiming to have money she previously borrowed from them. When Holden opened the door, defendant pushed him against the wall and stabbed him repeatedly. Defendant then approached Barker, calling her by the wrong name, and stabbed her six times. Defendant removed five dollars from Holden’s wallet and left the apartment. Barker called 911. The police arrived to find Holden dead at the scene and Barker suffering from serious injuries.

Shortly after the incident, a rescue squad member saw defendant, who was still wearing bloody clothes, trying to catch a ride at a nearby church. An officer located defendant at the church and brought her to the police station, where she was interviewed by an S.B.I. agent. When the agent recited defendant’s Miranda rights, she refused to speak further and requested an attorney.

On 5 October 2009, defendant was indicted for first-degree murder, first-degree burglary, and assault with a deadly weapon with intent to kill inflicting serious injury. Defendant indicated her intent to plead the defense of insanity and was subsequently evaluated by David Bartholomew, M.D. regarding her capacity to proceed and her mental condition at the time of the offense.

At trial the defense offered two expert witnesses to testify as to defendant’s mental state. Wilkie Wilson, Ph.D., an expert in neurophar-macology, testified about the effects of drugs on defendant’s behavior at the time of the crime. He opined that SSRIs, such as Lexapro, should not be prescribed to people with bipolar disorder because this class of drugs [314] “can greatly disturb their mental function and push them over from a controlled state into mania.” Dr. Wilson also opined that at the time of the homicide defendant was in a manic state.

George Corvin, M.D., a psychiatrist, testified about defendant’s past history of mental illness and her state of mind at the time of the homicide. He opined that defendant’s mental illness, her negative reactions to SSRIs, and her drug use affected her mental state at the time of the homicide. Ultimately, Dr. Corvin testified that defendant was manic at the time of the homicide. He also opined that, although treatable, defendant’s mental illness cannot be cured and she will always be an addict, and added that if “[defendant] were not in treatment at all and were in a highly unstable, chaotic, abusive environment again and were to resume use of illicit substances, [then] her danger and her risk of recidivism... would go up substantially.” The State did not present any expert witnesses to testify regarding defendant’s mental condition.

At the charge conference, the prosecutor asked if he could comment on the civil commitment procedures that would apply if defendant was found not guilty by reason of insanity. The trial court agreed to permit the comment, but cautioned the prosecutor not to exaggerate defendant’s chance of being released after fifty days. During closing arguments, the prosecutor made the following statements:

[Prosecutor]: .... [Defendant] doesn’t remember, so she says you can’t hold me accountable, so find me not guilty by reason of insanity.
And that way, as one of the lawyers mentioned, then she can be committed to a hospital if you find that verdict. And it is very possible that in 50 days, if she shows by a preponderance of the evidence that she is not a threat to anyone else or herself, she will be back home.
[Defense counsel]: Objection.
THE COURT: Overruled.
[Prosecutor]: She very well could be back home in less than two months.

(Emphasis added.) The prosecutor also argued, without objection, that defendant’s request for a lawyer during the police interview was evidence of her sanity at the time of the homicide.

On 14 April 2014, the jury found defendant guilty of first-degree murder under a theory of felony murder, first-degree burglary, and assault [315] with a deadly weapon inflicting serious injury. The jury declined to find defendant not guilty by reason of insanity for all offenses. The trial court sentenced defendant to life imprisonment without parole and a consecutive term of twenty-six to forty-one months’ of imprisonment. The trial court arrested judgment on the first-degree burglary conviction.

Defendant appealed her convictions to the Court of Appeals, arguing: (1) The trial court erred in overruling her objection to the State’s argument that if she was found not guilty by reason of insanity, it was “very possible” that she could be released from civil commitment in fifty days; and (2) The trial court erred in failing to intervene ex mero motu when the State argued that her request for counsel during a police interview showed that she was sane. In a unanimous opinion filed on 15 September 2015, the Court of Appeals found prejudicial error in the prosecutor’s closing arguments regarding defendant’s likelihood of release if found not guilty by reason of insanity and held that defendant was entitled to a new trial. The Court of Appeals did not address defendant’s argument regarding invocation of her Miranda rights as evidence of sanity.

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State v. Dalton, 794 S.E.2d 485, 369 N.C. 311, 2016 N.C. LEXIS 1121 (N.C. 2016).

794 S.E.2d 485 (State v. Dalton) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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