State v. Diehl

528 S.E.2d 613, 137 N.C. App. 541, 2000 N.C. App. LEXIS 412
CourtCourt of Appeals of North Carolina
DecidedApril 18, 2000
DocketNo. COA98-1626
StatusPublished

This text of 528 S.E.2d 613 (State v. Diehl) 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. Diehl, 528 S.E.2d 613, 137 N.C. App. 541, 2000 N.C. App. LEXIS 412 (N.C. Ct. App. 2000).

Opinions

TIMMONS-GOODSON, Judge.

David Charles Diehl (“defendant”) appeals a jury verdict finding him guilty of first degree murder and sentencing him to imprisonment for life without parole.

The facts pertinent to this appeal are as follows. In Asheboro, North Carolina, police officers found the dead body of Jake Spinks (“the victim”) in his home. The victim had been stabbed sixty-four times. Deoxyribonucleic acid (“DNA”) analysis of blood stains found in the home led police investigators to identify defendant as the perpetrator. Defendant was subsequently indicted and the case was called for trial.

During the course of closing arguments by the State at trial, the prosecutor made the following argument:

[542]*542[Defendant] doesn’t like Anise. He doesn’t like Tonya... All these people, I don’t know their names, they’re just Black people. I don’t know their names. I don’t — I don’t — I don’t mess with them . . . We’re trying a brutal, vicious, sadistic killing. And one thing you got to face, why? Because he was embarrassed and he thinks he’s doing y’all a favor by killing the drug dealer, a Black drug dealer.

No objection was lodged by defendant to these statements and the trial court did not intervene ex mero mo tu to the line or tenor of the prosecutor’s argument. At a later point in his closing argument, the prosecutor again made a reference to race:

Well if his 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 White jurors in Randolph County, just doesn’t think—

Defense counsel objected, stating, “Your Honor, please, I object to the racism.” The trial court responded: “Well, let’s just — We’re not going to have that thing going on.” The prosecutor completed his closing argument and court was adjourned for the day.

On the following morning, counsel for defendant asked the court to “amplify” his objection to the remark the prosecution had made the previous day. The trial court refused, stating:

Well, I sustained the objection on the spot, right where he stood. Before the words were hardly silent, I sustained the objection to any line of argument that attempted to inject racial division in the argument, and I sustained the objection to [the] type of argument that the D.A. was about to make which would have constituted a feel for a race-based decision, and I don’t know — I ruled for you.

Defense counsel moved for a mistrial. The trial court denied the motion, called for the jury to return, and resumed the proceeding with no further reference to the prosecutor’s remarks. Defendant appeals.

The dispositive issue on appeal is whether the trial court abused its discretion in denying defendant’s motion for a mistrial after the State’s closing argument in which the prosecutor referred to the race of the jurors.

[543]*543“Every person charged with a crime has an absolute right to a fair trial. By this it is meant that he is entitled to a trial before an impartial judge and an unprejudiced jury in keeping with substantive and procedural due process requirements of the Fourteenth Amendment.” State v. Britt, 288 N.C. 699, 710, 220 S.E.2d 283, 290 (1975). “This right exists ‘regardless of the heinousness of the crime charged, the apparent guilt of the offender or the station in life which he occupies.’ ” State v. Sanderson, 336 N.C. 1, 7-8, 442 S.E.2d 33, 38 (1994) (quoting Irvin v. Dowd, 366 U.S. 717, 722, 6 L. Ed. 2d 751, 755 (1961)).

A mistrial is “[a] trial that the judge brings to an end, without a determination on the merits, because of a procedural error or serious misconduct occurring during the proceedings.” Black’s Law Dictionary 1018 (7th ed. 1999). The trial court is required to declare a mistrial where prejudicial error takes place: “The 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. Gen. Stat. § 15A-1061 (1999). The defendant has the burden to show prejudicial error. N.C. Gen. Stat. § 15A-1443(a) (1999).

The decision to grant or deny a mistrial rests within the sound discretion of the trial court and will not be disturbed on appeal absent a clear showing of abuse of discretion. State v. Upchurch, 332 N.C. 439, 453, 421 S.E.2d 577, 585 (1992). Abuse of discretion occurs where the trial court’s decision is “so arbitrary that it could not have been the result of a reasoned decision.” Id. (citations omitted).

Control of counsel’s remarks during closing argument is left largely to the discretion of the trial court. State v. Johnson, 298 N.C. 355, 259 S.E.2d 752 (1979). “Counsel have wide latitude in making their arguments to the jury.” State v. Miller, 271 N.C. 646, 659, 157 S.E.2d 335, 346 (1967). Ordinarily, appellate courts will not review the exercise of the trial judge’s discretion regarding jury arguments except where “the impropriety of counsel’s remarks is extreme and is clearly calculated to prejudice the jury in its deliberations.” Johnson, 298 N.C. at 369, 259 S.E.2d at 761.

However, limits exist to jury arguments. State v. Sanderson, 336 N.C. at 15, 442 S.E.2d at 42. Counsel shall not engage in undignified or discourteous conduct that is degrading to a tribunal. State v. Adams, 335 N.C. 401, 439 S.E.2d 760 (1994), cert. denied, 522 U.S. [544]*5441096, 139 L. Ed. 2d 878 (1998). Furthermore, counsel must refrain from “abusive, vituperative, and opprobrious language, or from indulging in invectives.” State v. Rivera, 350 N.C. 285, 291, 514 S.E.2d 720, 723 (1999) (citations omitted).

Therefore, the discretion of the trial court regarding jury arguments is not unbridled. “The trial court has a duty, upon objection, to censor remarks not warranted by either the evidence or the law, or remarks calculated to mislead or prejudice the jury.” Britt, 288 N.C. at 712, 220 S.E.2d at 291. Moreover, where counsel’s arguments stray so far from the bounds of propriety as to impede the defendant’s right to a fair trial, it is proper for the trial court to intervene ex mero mo tu. Id.

The prosecutor also has a duty to safeguard the defendant’s right to a fair trial. Sanderson, 336 N.C. at 8, 442 S.E.2d at 38.

The [prosecuting attorney] is the representative not of an ordinary party to a controversy, but of a sovereignty whose obligation to govern impartially is as compelling as its obligation to govern at all; and whose interest, therefore, in a criminal prosecution is not that it shall win a case, but that justice shall be done.

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Related

Berger v. United States
295 U.S. 78 (Supreme Court, 1935)
Irvin v. Dowd
366 U.S. 717 (Supreme Court, 1961)
State v. Miller
157 S.E.2d 335 (Supreme Court of North Carolina, 1967)
State v. Upchurch
421 S.E.2d 577 (Supreme Court of North Carolina, 1992)
State v. Adams
439 S.E.2d 760 (Supreme Court of North Carolina, 1994)
State v. Britt
220 S.E.2d 283 (Supreme Court of North Carolina, 1975)
State v. Rivera
514 S.E.2d 720 (Supreme Court of North Carolina, 1999)
Johnson v. Amethyst Corp.
463 S.E.2d 397 (Court of Appeals of North Carolina, 1995)
State v. Monk
212 S.E.2d 125 (Supreme Court of North Carolina, 1975)
State v. Sanderson
442 S.E.2d 33 (Supreme Court of North Carolina, 1994)
State v. Johnson
259 S.E.2d 752 (Supreme Court of North Carolina, 1979)

Cite This Page — Counsel Stack

Bluebook (online)
528 S.E.2d 613, 137 N.C. App. 541, 2000 N.C. App. LEXIS 412, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-diehl-ncctapp-2000.