State v. Godley

535 S.E.2d 566, 140 N.C. App. 15, 2000 N.C. App. LEXIS 1097
CourtCourt of Appeals of North Carolina
DecidedSeptember 19, 2000
DocketCOA99-1005
StatusPublished
Cited by15 cases

This text of 535 S.E.2d 566 (State v. Godley) 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. Godley, 535 S.E.2d 566, 140 N.C. App. 15, 2000 N.C. App. LEXIS 1097 (N.C. Ct. App. 2000).

Opinions

GREENE, Judge.

Anthony Terrell Godley (Defendant) appeals judgments dated 20 August 1998 finding him guilty of first-degree murder and assault with a deadly weapon inflicting serious injury (assault). Defendant was [17]*17sentenced to life imprisonment without parole for the first-degree murder conviction and a minimum term of 36 months and a maximum term of 53 months for the assault conviction.

Voir Dire

During voir dire, Defendant questioned a prospective juror regarding the types of hobbies, television programs, and books she enjoyed. The State objected to these questions, and the trial court sustained the objections. Defendant, however, was permitted to ask the prospective juror whether she “read literature involving crime, law enforcement officers], that sort of thing,” whether she read books written by John Gresham, and whether she had “any particular interest in law enforcement or crime in general.” Defendant subsequently stated, outside the presence of the prospective jurors, his continuing exception to the trial court’s ruling that he not be permitted to ask questions regarding the prospective jurors’ “interests in reading, hobbies, .. . movies, and criminal trials.” The trial court sustained the State’s objection to these questions, stating the proposed questions resulted in Defendant “visiting with the jury or establishing a rapport with the jury regarding television programs and books [and] other ideas, fashions.”

Defendant also asked a prospective juror whether she was “opposed to citizens owning and possessing firearms” and whether she had “any prejudicial feelings about the use or possession of firearms.” The State objected to these questions, and the trial court sustained the objections. Defendant, however, was permitted to ask the panel of prospective jurors whether any of them were “members of any anti-gun organizations.” Additionally, Defendant asked a prospective juror whether she had “any particular feelings [or] prejudices against the use of alcohol.” The State objected to this question, and the trial court sustained the objection and instructed Defendant to address his questions to the entire panel of prospective jurors. Defendant then asked the panel of prospective jurors whether any of them felt “that drinking or using alcohol [was] a sin or an evil thing to do.” The trial court sustained the State’s objection to this question. Defendant then was permitted to ask the prospective panel whether any felt “that their decision about how they received the evidence and how they . . . might interpret the testimony . . . would be affected . . . if there were evidence that. . . [Defendant had consumed some type of alcoholic beverage.”

Finally, Defendant discovered during voir dire that two of the prospective jurors had a landlord/tenant relationship, two of the [18]*18prospective jurors had a prior teacher/student relationship, and two of the prospective jurors were brother and sister. Defendant asked the panel of jurors the following question:

Those of you that know individuals, other individuals on the jury, do any of you know of any reason why your contact or association with that other party would have an influence upon you or affect you in any way in sitting on the jury and being fair and impartial throughout this trial?

None of the jurors responded in the affirmative to this question. Defendant, however, also sought to question individual jurors regarding whether their relationships with other jurors would affect their deliberations. The trial court sustained the State’s objection to these questions.

Trial

The State presented evidence at trial that on the evening of 21 February 1997, James Earl Cox, Jr. (Cox) was sitting on his bike across the street from Gibbs Grocery in Washington, North Carolina. This area of Washington is known as “the block.” Cox testified that he was talking to several other individuals who were standing at the block when Defendant pulled up his vehicle to the curb and exited the vehicle. Defendant, who was carrying a gun, approached Cox and stated, “ ‘Don’t I know you?’ ” When Cox responded that he did not know Defendant, Defendant asked Cox where he was from and called Cox by a wrong name. Defendant then stated, “ 1 do know you,’ ” and proceeded to shoot Cox in his side. After Defendant shot Cox, Cox ran to an area nearby the scene of the shooting and waited for medical assistance to arrive. An ambulance arrived several minutes later and Cox was transported to the hospital. As a result of his gunshot wound, a portion of Cox’s liver was removed and he was hospitalized for approximately four days.

Tony Sinclair (Sinclair) testified for the State that he was standing in front of Gibbs Grocery with Tiran Gray (Gray) on the evening of 21 February 1997, when he heard a gunshot fired in the area. Sinclair then saw Defendant, who was carrying a gun, walking in the direction of Sinclair and Gray. As Defendant approached where Sinclair and Gray were standing Defendant stated, “ ‘Do [sic] anybody want it.’ ” When no one responded to Defendant, he shot Gray. Gray then ran away from Defendant while holding his side. As Gray was running, he said, “ ‘[P]lease don’t shoot me no more.’ ” Defendant [19]*19then followed behind Gray and shot him a second time. After the second shot, Gray fell to the ground and began crawling away from Defendant. Gray continued to ask Defendant not to shoot him anymore, and Defendant shot Gray five or six more times. Defendant then threw the gun to the ground and stood in the street until a police officer arrived at the scene. Gray was transported by ambulance to the hospital; however, he did not survive the shooting.

M.G.F. Gilliland (Dr. Gilliland), a forensic pathologist, testified she performed an autopsy on Gray. She testified Gray had gunshot wounds on his left leg, left arm, left side, buttocks, pelvis, and right shoulder. In Dr. Gilliland’s opinion, Gray died as a result of gunshot wounds to his trunk, arm, and leg.

Brad Brantley (Officer Brantley), an officer with the Washington Police Department, testified that on the evening of 21 February 1997, he was driving his patrol car when he responded to a call of “shots fired” in the area of Gibbs Grocery. Officer Brantley drove to the area of the shooting and parked his patrol car in front of Gibbs Grocery. After exiting his patrol car, Officer Brantley immediately saw Defendant walking toward him. When Defendant approached Officer Brantley, Officer Brantley asked him “what was happening.” Defendant responded, “I shot him. I shot the mother f- — .” Officer Brantley asked Defendant where his gun was located, and Defendant responded that he did not know. Officer Brantley then placed Defendant under arrest and drove him to the Washington Police Department.

Officer Brantley testified that after arriving at the Washington Police Department, he began to fill out an arrest report on Defendant. While Officer Brantley was asking Defendant his name, address, and other general information required for the arrest report, Defendant asked whether both victims had been rescued. Defendant told Officer Brantley that one of the victims had gone in the direction of Ninth Street, and Officer Brantley was later notified that Cox was found in the direction of Ninth Street.

Defendant presented evidence at trial that in January of 1997, Defendant and his girlfriend were assaulted and robbed in their home by two men.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State v. Harris
Court of Appeals of North Carolina, 2021
State v. Dixon
821 S.E.2d 232 (Court of Appeals of North Carolina, 2018)
In Re Am
724 S.E.2d 651 (Court of Appeals of North Carolina, 2012)
State v. Davis
696 S.E.2d 917 (Court of Appeals of North Carolina, 2010)
State v. Doster
672 S.E.2d 102 (Court of Appeals of North Carolina, 2009)
State v. Garris
663 S.E.2d 340 (Court of Appeals of North Carolina, 2008)
State v. Jeffries
659 S.E.2d 489 (Court of Appeals of North Carolina, 2008)
State v. Meynardie
616 S.E.2d 21 (Court of Appeals of North Carolina, 2005)
State v. Shelton
605 S.E.2d 228 (Court of Appeals of North Carolina, 2004)
State v. Hyman
570 S.E.2d 745 (Court of Appeals of North Carolina, 2002)
State v. Norman
564 S.E.2d 630 (Court of Appeals of North Carolina, 2002)
English v. Springs Industries Inc.
North Carolina Industrial Commission, 2001
State v. Godley
535 S.E.2d 566 (Court of Appeals of North Carolina, 2000)

Cite This Page — Counsel Stack

Bluebook (online)
535 S.E.2d 566, 140 N.C. App. 15, 2000 N.C. App. LEXIS 1097, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-godley-ncctapp-2000.