State v. Diehl

545 S.E.2d 185, 353 N.C. 433, 2001 N.C. LEXIS 430
CourtSupreme Court of North Carolina
DecidedMay 4, 2001
Docket195A00
StatusPublished
Cited by14 cases

This text of 545 S.E.2d 185 (State v. Diehl) is published on Counsel Stack Legal Research, covering Supreme Court 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. Diehl, 545 S.E.2d 185, 353 N.C. 433, 2001 N.C. LEXIS 430 (N.C. 2001).

Opinions

EDMUNDS, Justice.

On 16 January 1996, defendant David Charles Diehl was indicted for first-degree murder. The case was tried capitally. The jury found defendant guilty of first-degree murder on the basis of premeditation and deliberation. After a capital sentencing proceeding, the jury recommended life imprisonment without parole, and on 10 March 1998, the court imposed sentence accordingly. In a split decision, the Court of Appeals vacated defendant’s conviction and judgment and remanded for a new trial, holding that the trial court erred in denying defendant’s motion for mistrial. Judge Walker dissented, contending that any error in defendant’s trial was not prejudicial, and the State appealed pursuant to N.C.G.S. § 7A-30(2). This Court also allowed the State’s petition for discretionary review as to the related issue whether an incomplete comment made by the prosecutor in closing argument constituted an appeal to the jury for a “race-based decision.” We reverse the holding of the Court of Appeals.

At trial, the State presented evidence that the victim, Jake Spinks, was found dead at his Asheboro, North Carolina, home in the early morning hours of 23 December 1995. Spinks, a dealer in crack cocaine, had been stabbed sixty-four times. Anise Raynor testified that approximately two weeks before the murder, he and defendant went to Spinks’ home to purchase crack cocaine. When defendant expressed dissatisfaction with the quantity Spinks was willing to sell for fifty dollars, Spinks pointed a revolver at defendant and ordered him to leave. After defendant complied, he told Raynor that he would “get” Spinks.

On 22 December 1995, defendant and Raynor spent a large part of the day and evening smoking crack cocaine. Raynor testified that defendant told him that he (defendant) and Spinks “had worked something out” and that Spinks was going to give defendant money or [435]*435drugs because of a previous deal during which Spinks supposedly had taken defendant’s money without providing any crack cocaine in return. Raynor dropped defendant off at a pay telephone approximately one block from Spinks’ home, then left to buy crack cocaine for himself elsewhere. Later that night, Raynor searched for defendant and found him walking along a road near Spinks’ house, wearing bloody clothes and carrying a butcher knife in the waist of his trousers. When Raynor asked what happened, defendant responded, “I had to do him, I had to do him.” DNA testing confirmed that blood found in Spinks’ kitchen was from defendant.

Defendant took the stand in his defense. He admitted being present at the killing, but claimed that Raynor had stabbed Spinks. Defendant testified that his blood was found at the crime scene only because his hand had been slashed when he attempted to calm Raynor. Although the evidence was undisputed that defendant’s hand had been cut the evening of the murder and stitched by an emergency room doctor, defendant previously had provided conflicting accounts to explain his injury.

During closing argument in the guilt-innocence phase of the trial, the prosecutor referred to the race of the jurors. Defendant is white, as were all the jurors, while the victim was African-American. The prosecutor argued, “Well if [defendant’s] story is sufficient to confuse you or to whatever, or if it’s just another reason. If, and I hope that is the answer, if twelve people good and true, twelve [w]hite jurors in Randolph County, just doesn’t think — .” Defendant immediately objected, stating, “Your Honor, please, I object to the racism.” The trial court sustained the objection by saying, “Well, let’s just — We’re not going to have that thing going on.” Defendant did not ask for a curative instruction. The prosecutor completed his closing argument, and court adjourned for the day.

The following morning, defense counsel asked the court to revisit the issue: “Judge, during the course of [the prosecutor’s] argument yesterday he made some statements that we objected to, and I believe the Court sustained. I was hoping you could amplify just a little bit our objections to what we considered to be inappropriate and racist arguments.” The trial court declined to take further action, explaining,

[the court] sustained the objection to any line of argument that attempted to inject racial division in the argument, and [the court] sustained the objection to [any] type of argument that the [436]*436[prosecutor] was about to make which would have constituted a feel for a race-based decision, and I don’t know — I ruled for you.

Defendant then moved for a mistrial. The court denied the motion, and the trial proceeded to conclusion.

Defendant contends that the trial court erred when it denied his motion for mistrial. A trial judge “must declare a mistrial upon the defendant’s motion if there occurs during the trial an error or legal defect in the proceedings, or conduct inside or outside the courtroom, resulting in substantial and irreparable prejudice to the defendant’s case.” N.C.G.S. § 15A-1061 (1999). The decision to grant or deny such a motion will not be disturbed on appeal unless it is so clearly erroneous as to amount to a manifest abuse of discretion. State v. McGuire, 297 N.C. 69, 75, 254 S.E.2d 165, 169-70, cert. denied, 444 U.S. 943, 62 L. Ed. 2d 310 (1979). Although the challenged portion of the prosecutor’s closing argument is unsettling when read in vacuo, an examination of the context in which the comment was made reveals that the district attorney was pursuing a legitimate prosecutorial theory.

Closing argument may properly be based upon the evidence and the inferences drawn from that evidence. State v. Oliver, 309 N.C. 326, 357, 307 S.E.2d 304, 324 (1983). Here, the prosecutor argued that defendant’s primary motive for killing Spinks was robbery of cash and crack cocaine. However, the prosecutor also contended that defendant had a secondary motivation for the killing: Defendant held in contempt the victim and others with whom he dealt drugs, and their race was a component of that contempt. Although it is improper gratuitously to interject race into a jury argument where race is otherwise irrelevant to the case being tried, argument acknowledging race as a motive or factor in a crime may be entirely appropriate. State v. Moose, 310 N.C. 482, 492, 313 S.E.2d 507, 515 (1984) (holding that white defendant’s reference to African-American victim as a “damn nigger,” along with evidence that victim was seen driving through a white community, sufficient to support jury argument that murder was, in part, racially motivated). Here, the record reveals that when the prosecutor argued to the jury about defendant’s secondary motivation, defendant did not object to remarks citing his dismissive perceptions of minorities with whom he dealt. However, when the prosecutor appeared to incorporate the jurors in this argument (“If, and I hope that is the answer, if twelve people good and true, twelve [437]*437[w]hite jurors in Randolph County, just doesn’t think — ”), defendant objected, and the court sustained the objection. The court’s denial of defendant’s request the next day that the court “amplify” his objection led to the motion for mistrial now before us.

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State v. Diehl
545 S.E.2d 185 (Supreme Court of North Carolina, 2001)

Cite This Page — Counsel Stack

Bluebook (online)
545 S.E.2d 185, 353 N.C. 433, 2001 N.C. LEXIS 430, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-diehl-nc-2001.