State v. Gillespie

655 S.E.2d 355, 362 N.C. 150, 2008 N.C. LEXIS 29
CourtSupreme Court of North Carolina
DecidedJanuary 25, 2008
Docket2PA07
StatusPublished
Cited by6 cases

This text of 655 S.E.2d 355 (State v. Gillespie) 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. Gillespie, 655 S.E.2d 355, 362 N.C. 150, 2008 N.C. LEXIS 29 (N.C. 2008).

Opinion

BRADY, Justice.

Defendant Marion Preston Gillespie was found guilty of the first-degree murder of Linda Faye Patterson Smith and sentenced to life imprisonment without parole. The sole issue before this Court is whether the trial court exceeded its authority under N.C.G.S. § 15A-910 in its order sanctioning defendant by excluding the testimony of two of defendant’s mental health experts. We hold that it did and in so doing modify and affirm the decision of the Court of Appeals awarding defendant a new trial.

FACTUAL AND PROCEDURAL BACKGROUND

I. The Murder

In the early morning hours of 15 June 2003, defendant approached Deputy Sheriff Bradley Bebber of the Rowan County Sheriff’s Office as Deputy Bebber was walking from that office to a nearby parking lot. Defendant, who appeared to have blood on his shirt and jeans, informed Deputy Bebber that the blood was his girlfriend’s. He further stated that he and his girlfriend, Linda Faye Patterson Smith, had been arguing about money at their shared residence in Cleveland, North Carolina, when Smith charged at defendant with a knife in her hand. Defendant then took the knife from her and “began cutting her with it,” which he stated had likely caused her serious injury. He informed Deputy Bebber that Smith and the knife would probably be found in the bathroom of the residence.

Law enforcement was dispatched to the residence, wherein the deceased victim was discovered in the rear bathroom, lying on her *152 side in the bathtub. There was a large amount of blood in the bathtub and on the nearby walls, and a knife was discovered on the edge of the bathtub.

Defendant subsequently waived his Miranda rights and consented to a search of the residence and his vehicle. Additionally, he provided a statement to investigators, containing the following: During an argument which took place in the bathroom of their residence, the victim had threatened to have her brothers kill defendant. In response, defendant threatened to leave. The victim then tried to kill him with a knife that defendant had placed on the toilet after attempting to repair it. Defendant managed to wrest control of the knife from the victim, pushed her, and inadvertently cut her on the arm.

Defendant further stated that he had diabetes and was taking cancer medication. He indicated that he had taken his medicine between midnight and 1:00 a.m. on 15 June 2003, an unspecified amount of time before the altercation with the victim. Defendant was not sure whether the medication affected his memory of the incident.

On 23 June 2003, the Rowan County Grand Jury returned a true bill of indictment charging defendant with first-degree murder of Linda Faye Patterson Smith. Initially, the case was set to be tried capitally, but on 1 March 2004, the State elected to try the case non-capitally. On 21 June 2004, the trial court issued a scheduling order with the consent of both parties setting 29 November 2004 as the trial date.

II. Trial Court’s Pre-trial Order Sanctioning Defendant

On 14 October 2004, pursuant to N.C.G.S. § 15A-959, defendant gave the State written notice of his mental health defense, stating his intent to raise defenses of insanity and diminished capacity at trial. On 21 October 2004, the trial court held a hearing to resolve discovery motions filed by both the State and defendant. The State moved for notice of defendant’s intent to offer at trial any of a specific list of defenses, including insanity, mental infirmity, diminished capacity, and voluntary or involuntary intoxication. The State also moved that defendant provide, inter alia, specific information as to the nature and extent of a number of these defenses and discoverable information pertaining to any expert witness defendant reasonably expected to call at trial. The trial court entered an order allowing the State’s motion and orally instructed defendant to comply by 15 November *153 2004. However, this deadline does not appear in the written order later signed by the trial court and filed on 8 December 2004.

Also on 21 October 2004, the trial court allowed defendant’s motion to order the State to turn over a number of discoverable items, including “exculpatory material from all doctors, social workers, law enforcement personnel, state’s witnesses, or other persons or sources, which are available to the State.” This order was similarly entered by the trial court with the directive that the State comply by 15 November 2004, which was reflected in a written order later signed by the trial court and filed on 8 December 2004. Finally, on 21 October 2004, the trial court issued an order committing defendant to Dorothea Dix Hospital, a provider under the Division of Mental Health, Developmental Disabilities, and Substance Abuse Services, within the North Carolina Department of Health and Human Services, for evaluation of his mental condition.

On 16 November 2004, the trial court allowed the State’s motion for access to defendant’s medical records. The following day, defendant filed a motion for continuance and on 23 November 2004, filed a supplemental motion for continuance on the bases that: (1) defense counsel continued to receive discovery documents from the district attorney; (2) neither the State nor defense counsel had received any reports from Dorothea Dix Hospital staff or from any other experts; and (3) defendant was still at Dorothea Dix Hospital but needed to be transported to Rowan County Detention Center so that he could meet with counsel in order to prepare his case for trial.

On 22 November 2004, Charles Vance, M.D., Ph.D., a forensic psychiatrist at Dorothea Dix Hospital, wrote a letter to the Rowan County Clerk of Court stating that “[t]he medical staff of the Forensic Psychiatry Division has completed their forensic evaluation and observation of [defendant] and found him to be capable to proceed to trial.” However, neither Dr. Vance nor the hospital staff provided a report of defendant’s mental status at the time of the offense, in part because the State had not received any mental health reports from defendant. On 23 November 2004, the State moved to prohibit defendant from presenting any mental health defense or, in the alternative, to require him to provide requested documentation to Dorothea Dix Hospital staff so that they could evaluate defendant’s mental condition at the time of the offense.

On 29 November 2004, the day defendant’s trial was set to begin, the trial court held a hearing on the State’s and defendant’s motions. *154 After hearing arguments from both sides, the trial court entered an order prohibiting defendant from introducing testimony from Nathan Strahl, M.D., Ph.D., a private practice psychiatrist and consultant associate to Duke University Medical Center, and from Jerry W. Noble, Ph.D., a private practice clinical psychologist and instructor for the Wake Forest University School of Medicine’s department of psychiatry, concerning any mental health defense to be offered by defendant. Thereafter, the trial court heard arguments on defendant’s motion to continue and then denied the motion.

III. Defendant’s Conviction and Appeal

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State v. Foster
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State v. Cooper
747 S.E.2d 398 (Court of Appeals of North Carolina, 2013)
State v. Gillespie
707 S.E.2d 712 (Court of Appeals of North Carolina, 2011)
In Matter of Kh
674 S.E.2d 479 (Court of Appeals of North Carolina, 2009)
State v. Wesley
673 S.E.2d 168 (Court of Appeals of North Carolina, 2009)

Cite This Page — Counsel Stack

Bluebook (online)
655 S.E.2d 355, 362 N.C. 150, 2008 N.C. LEXIS 29, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-gillespie-nc-2008.