State v. Hamlet

321 S.E.2d 837, 312 N.C. 162, 1984 N.C. LEXIS 1801
CourtSupreme Court of North Carolina
DecidedNovember 6, 1984
Docket228A83
StatusPublished
Cited by124 cases

This text of 321 S.E.2d 837 (State v. Hamlet) 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. Hamlet, 321 S.E.2d 837, 312 N.C. 162, 1984 N.C. LEXIS 1801 (N.C. 1984).

Opinions

MITCHELL, Justice.

The defendant brings forward assignments of error relating to the guilt-innocence determination phase and to the sentencing phase of his trial. We find no prejudicial error in the guilt-innocence determination phase of the defendant’s trial. After a careful review of the facts and our prior decisions, we hold, however, that the jury should not have been permitted to consider whether the murder was “especially heinous, atrocious, or cruel,” under N.C.G.S. 15A-2000(e)(9). Since this was the only aggravating circumstance found by the jury, we vacate the sentence of death and impose a life sentence.

The evidence presented by the State during the guilt-innocence determination phase of the trial tended to show that about 1:45 a.m. on February 12, 1983, the defendant, Jerome Hamlet, Jr., entered the vestibule at the Club Ebony in Wilmington. He was recognized and greeted by Sheila Mallette, an employee of the club. A few moments later Asa Bramlett walked into the vestibule from the lobby of the club. Sheila Mallette was standing at the door between the lobby and the vestibule and saw a gun in the defendant’s hand. He shot once but did not hit anyone. His second shot struck Bramlett in the head. Sheila Mallette then ran out of the club. A number of shots were heard coming from the vestibule.

Etta Allen, the owner of the Club Ebony, was told by Mallette that Asa Bramlett had been shot. Allen asked who did it and a voice from the vestibule replied, “I did. Does anyone have anything to say about it?” More shots were then fired in the vestibule. Sheila Mallette circled around to the front of the club [166]*166and saw the defendant reloading a pistol at the outside door of the club. She then saw him reenter the vestibule and more shots rang out. The defendant then fled the scene firing shots in the air as he ran.

The police and rescue squad were called to the scene. When the rescue squad arrived the victim Bramlett was alive but unconscious. He was transported to New Hanover Memorial Hospital. When his clothing was removed, a three-inch hawkbill knife was discovered in one of his pockets.

Dr. Robert Moore, a neurosurgeon, performed surgery on Bramlett. He found that Bramlett had a bullet wound to the head that went from above the right ear through the head and brain. Bramlett died on the operating table at approximately 7:10 a.m. February 12, 1984. He never regained consciousness.

Dr. Walter Gable, an Onslow County medical examiner, performed an autopsy on the body of the victim. During the course of the autopsy he discovered a bullet wound to the brain, six other bullets in the torso of the victim, and five bullet exit wounds in the back of the body. Dr. Gable testified that in his opinion the bullet wound to the head caused Bramlett’s death and that it rendered him unconscious and unable to feel any pain.

As a result of information given them by the defendant, the police contacted a friend of the defendant who turned over a .32 caliber revolver to them. Robert Cerwin, an S.B.I. firearms expert, testified that though he could not positively match the bullets found in the victim to the gun obtained by the police, ten discharged shells discovered in the vestibule did come from the weapon.

The defendant took the stand and testified that he had known the victim for approximately two years and that they had used and dealt drugs together. The defendant said he knew a number of people, including one D.D. Johnson, who had been attacked by Bramlett. Five days prior to the shooting the defendant and Bramlett had argued over drugs, and Bramlett had attacked the defendant with a pipe rendering him unconscious for half an hour. The defendant began carrying a gun following the altercation.

[167]*167On the day of the shooting the defendant had used heroin and cocaine and had been drinking wine. However, at the time of the shooting he was thinking clearly. The defendant stated that he did not go to the Club Ebony with the intent to kill Bramlett and was surprised to see him there. The defendant testified that soon after he entered the vestibule, Bramlett came toward him with a “vicious look on his face” while reaching for his pocket. The defendant was afraid of the victim Bramlett and fired one shot over his head in an attempt to scare him off. When this failed to halt the victim’s advance, the defendant Hamlet shot him. The defendant testified that he did not recall what happened after the first shot struck Bramlett and he didn’t remember how many times he had shot the victim. Following his arrest, the defendant gave a statement to the police in which he admitted shooting Bramlett. He also told the police where the gun was located.

Alexander Wilder testified for the defendant and stated that he had been present when Bramlett had attacked the defendant Hamlet five days before the shooting. Donald Johnson testified that he had previously been assaulted by Bramlett as the defendant had testified.

At the conclusion of the guilt-innocence determination phase of the trial, the jury returned a verdict finding the defendant guilty of murder in the first degree. The trial court then convened a sentencing hearing to determine the sentence to be imposed. The State indicated that it would rely upon the evidence presented at the guilt-innocence determination phase of the trial to support the aggravating circumstance that the murder was especially heinous, atrocious, or cruel. The State presented no additional evidence at the sentencing hearing.

The defendant offered the testimony of his father who stated that the defendant is a loving son and was the product of a broken home. The father also stated that he knew the defendant used drugs. The defendant testified that he was sorry he had killed Bramlett and expressed sympathy for Bramlett’s family. No further evidence was presented at the sentencing hearing on behalf of the defendant.

Based upon the evidence introduced during the sentencing phase of the trial, the trial court instructed the jury on one possi[168]*168ble aggravating circumstance and six possible mitigating circumstances. The possible aggravating circumstance the jury was permitted to consider was whether the murder was especially heinous, atrocious, or cruel. The jury was instructed that they need not specify which particular mitigating circumstances they found, if they found any of the mitigating circumstances to exist.

The written issues put to the jury concerning aggravating and mitigating circumstances and the jury’s answers thereto were as follows:

Issues
Issue One:
Do you unanimously find from the evidence, beyond a reasonable doubt, that the following aggravating circumstance existed at the time of the commission of this murder?
Was this murder especially heinous, atrocious, or cruel?
Answer: Yes.
Issue Two:
Do you unanimously find beyond a reasonable doubt that the aggravating circumstance found by you is sufficiently substantial to call for the imposition of the death penalty?
Answer: Yes.
Issue Three:
Do you find one or more mitigating circumstances?
Answer: Yes.
Issue Four:

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Bluebook (online)
321 S.E.2d 837, 312 N.C. 162, 1984 N.C. LEXIS 1801, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-hamlet-nc-1984.