State v. Kimbrell

360 S.E.2d 691, 320 N.C. 762, 1987 N.C. LEXIS 2411
CourtSupreme Court of North Carolina
DecidedOctober 7, 1987
Docket83A87
StatusPublished
Cited by19 cases

This text of 360 S.E.2d 691 (State v. Kimbrell) 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. Kimbrell, 360 S.E.2d 691, 320 N.C. 762, 1987 N.C. LEXIS 2411 (N.C. 1987).

Opinions

MEYER, Justice.

The issue presented is whether the trial court committed reversible error by permitting the State, over objection, to cross-examine defendant about his knowledge of and participation in “devil worshipping” activities. The Court of Appeals found the evidence to be inadmissible under N.C.G.S. § 8C-1, Rules 610 and 403, but held that its admission did not constitute reversible error. We agree that the evidence was inadmissible. However, we find that defendant was indeed prejudiced by its admission, and we therefore reverse.

The State’s evidence established that on 19 May 1984, Ricky and Pamela Norman were shot to death in their residence. James Clay (“Clay”) Hunt was arrested and charged with the murder of the Normans. His sister, Donna Hunt, was subsequently arrested and charged with participation in the crimes. Both Clay and Donna Hunt testified for the State, pursuant to plea agreements.

Clay Hunt testified that from early 1983 through May 1984, he had been selling drugs (Dilaudid tablets), which defendant had [764]*764supplied. Defendant wanted Ricky Norman killed because he owed defendant a substantial sum of money, and on five or six occasions defendant asked Hunt if he would like to make some more money by killing Norman for him. On 18 May 1984, Clay and Donna Hunt visited defendant’s residence to “shoot dope.” Clay Hunt owed defendant approximately $1,200 at the time. Defendant offered to forgive the debt if Clay Hunt would kill Ricky Norman. Hunt agreed. Defendant instructed Clay Hunt to kill Pamela Norman as well, if she were there, since she would be a witness. Clay and Donna Hunt went to the Normans’ residence to kill them, but they were not at home. On their second visit to the Norman residence, they found Ricky and Pamela at home, and Clay Hunt shot them both to death. The Hunts took approximately $1,500 in cash and some cocaine from the house.

Defendant took the stand on his own behalf. He testified that he had known the Normans but denied having had any drug-related transactions with them. He stated that the Hunts had come to his home at about midnight on 18 May 1984 and that both appeared to be under the influence of drugs. Clay Hunt told defendant that he thought he and his sister were being followed by a vehicle belonging to the Normans. Both the Hunts and defendant ingested some cocaine. The Hunts left defendant’s home about thirty minutes later in Donna Hunt’s car. Defendant’s wife, Mary Kimbrell, corroborated defendant’s testimony as to the time the Hunts arrived, as to Clay Hunt’s statement that he and his sister were being followed, and as to the approximate time of their departure.

After defendant’s arrest and while he was in custody, he made a statement in which he referred to his knowledge of and participation in “black magic” activities with a group that included Ricky Norman and others. At trial, the State’s cross-examination of defendant was based, in part, upon defendant’s prior statement. The questions which defendant challenges are as follows:

Q. Have you done any devil worshipping?
A. No, sir.
Mr. KLASS: Object.
The Court: Overruled. EXCEPTION No. 3
[765]*765Mr. Zimmerman: Thank you.
Q. Have you ever been to any ceremonies?
A. No, sir.
Q. Have you seen things at night?
A. No, sir.
Q. Birds, hawks, dogs, a number of things?
A. No, sir.
Q. You don’t recall telling Special Agent Leggett of the SBI that you saw those things?
A. No, sir.
Q. “I saw a goat head made out of brass in the vision”?
Mr. LOHR: Objection.
THE Court: Overruled. EXCEPTION No. 4
Q. And you and Luther on Friday the 13th —April, Friday the 13th, you-all were supposed to go to a seance, isn’t that right?
A. That’s what Bobby Tucker said.
Q. Huh?
A. That’s what Curtis Robert Tucker said.
Q. Well, you were supposed to go, weren’t you?
Mr. LOHR: Objection.
THE Court: Overruled. EXCEPTION No. 5
A. I was inivited [sic].
The COURT: You may answer the question.
A. (continuing) I was invited to it, and when I got up on Main Street to go down toward Luther’s house I seen some police officers going down towards Luther’s, and I kept going straight.
Q. A police officer?
[766]*766A. I seen two carloads going down towards Luther’s.
Q. And of course that scared you?
A. Yes, sir.
Q. Did you tell them you wanted to show them something that Bob and Luther gave you about some little swords — some little bitty swords, something about they had power?
A. That’s what they told me.
MR. LOHR: Objection.
THE COURT: Overruled. EXCEPTION NO. 6
Q. Go ahead. What? Answer the question. You’ve got to answer the question.
A. I told them about the swords, yes, sir. I wasn’t talking about myself, I was explaining about Luther Flynn at the time, if you’ll remember.
Q. You had one of these black magic bibles, too, didn’t you? A. No, sir.
MR. LOHR: Objection.
THE COURT: Overruled. EXCEPTION NO. 7 Q. Who had the bible? Who had the bible?
A. Luther Flynn had the bible.
Q. Had he ever read any of it to you?
A. Yes, sir.
MR. LOHR: Objection. Objection.
The Court: Overruled. Exception No. 8
Q. Were Ricky and Pam Norman involved in this black magic stuff?
A. I don’t know, sir.
Q. What did that consist of? Worshipping the devil?
[767]*767MR. LOHR: Objection.
The Court: Overruled. Exception No. 9 A. I don’t know, sir.
Q. What did that black bible Luther had have to say about it?
MR. LOHR: Objection.
THE COURT: Overruled. EXCEPTION NO. 10
Q. You can answser [sic].
A. It’s just a bunch of words. I don’t know. I didn’t pay any attention to it.

The Court of Appeals was unanimous in finding that admission of this evidence was error under North Carolina Rules of Evidence 6101

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State v. Kimbrell
360 S.E.2d 691 (Supreme Court of North Carolina, 1987)

Cite This Page — Counsel Stack

Bluebook (online)
360 S.E.2d 691, 320 N.C. 762, 1987 N.C. LEXIS 2411, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-kimbrell-nc-1987.