State v. Lyons

468 S.E.2d 204, 343 N.C. 1, 1996 N.C. LEXIS 165
CourtSupreme Court of North Carolina
DecidedApril 4, 1996
Docket238A94
StatusPublished
Cited by38 cases

This text of 468 S.E.2d 204 (State v. Lyons) 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. Lyons, 468 S.E.2d 204, 343 N.C. 1, 1996 N.C. LEXIS 165 (N.C. 1996).

Opinions

LAKE, Justice.

The defendant was indicted on 31 January 1994 for attempted robbery with a dangerous weapon and for the first-degree murder of Stephen Wilson Stafford. The defendant was tried capitally, and the jury found the defendant guilty of attempted robbery with a dangerous weapon and guilty of first-degree felony murder. Following a capital sentencing hearing pursuant to N.C.G.S. § 15A-2000, the jury recommended that the defendant be sentenced to death. For the reasons discussed herein, we conclude that the jury selection and the guilt/innocence and sentencing phases of defendant’s trial were free from prejudicial error, and that the sentence of death is not disproportionate.

Stephen Stafford, the’victim, owned a small business known as Sam’s Curb Market (hereinafter referred to as “Sam’s”) in Winston-Salem, North Carolina. At trial, the State presented evidence tending to show that on 25 September 1993, Stafford was shot and killed in his place of business. Victoria Lytle witnessed the shooting.

Lytle testified that early in the afternoon of 25 September 1993, she drove to Sam’s and parked directly in front of the market. As Lytle got out of her car, she noticed two men across the street. Lytle went into the store, collected her purchases, and then remembered that she needed some diet soda. Lytle went to the store’s cooler. At that time, one of the men, Derick Hall, entered the store. As Lytle approached the counter, Hall told her to go ahead of him and pay for her items, but Lytle told him to go ahead of her instead. While waiting for Hall to pay for his purchases, Lytle noticed the defendant standing outside and looking into the store. Lytle then paid for her purchases, said goodbye to the victim and left the store.

Lytle further testified that she heard three gunshots as she closed her car door. At the time the shots were fired, Lytle was approximately three feet from the store. Lytle stated that upon hearing the shots she looked up and saw a flash. She then heard the victim moan and saw him fall forward over the counter and then backward to the floor. Lytle testified that immediately after she heard the shots and [10]*10saw the victim fall, she saw the defendant run out of the store with a gun in his hand.

Derick Hall, the defendant’s accomplice, testified for the State that he had a long-barreled .22-caliber gun on the morning of Mr. Stafford’s murder. Hall stated that when he and the defendant went to Sam’s, the defendant had possession of the gun. Hall testified that as he and the defendant approached Sam’s, the defendant told him that he needed money and was going to rob the store. Hall did not believe the defendant was serious. After Victoria Lytle left the store, the defendant entered and told the victim to freeze and turn around. Hall also obeyed the command in order to demonstrate that he had no part in the robbery. Hall testified that he then heard five shots, and when he turned around, the defendant was gone and the victim was lying on the floor. Hall further testified that the victim was grunting in an effort to speak and that the victim reached up and pushed the burglar alarm before collapsing back on the floor. The next evening, Hall voluntarily turned himself in to the police.

Dr. Patrick Lantz, a forensic pathologist, performed an autopsy on the victim’s body on 26 September 1993. Dr. Lantz testified that one bullet entered the victim’s left hand and was recovered from the victim’s wrist. This wound was consistent with the victim’s having grasped the gun and would not in itself have been fatal. Two more bullet fragments were discovered in the victim’s upper arm. These bullet fragments fractured the humerus and caused considerable splintering of the bone. This wound would similarly not have been fatal in the short term. Finally, Dr. Lantz testified that the victim had been shot in the back and that bullet went into the victim’s chest through the lung and aorta. Dr. Lantz testified that this bullet wound caused the victim to bleed to death.

Special Agent Ronald Marrs, an expert in the field of firearms identification, testified that two of the bullets recovered from the victim’s body were .22-caliber. The two fragments were too deformed to yield a result. Although made by different manufacturers, the bullets were all consistent with having been fired from a .22-caliber weapon.

The defendant offered no evidence during the guilt/innocence phase of the trial.

At the penalty phase of the trial, the State presented evidence supporting the submission of the aggravating circumstance that the defendant had previously been convicted of a felony involving the use [11]*11or threat of violence to the person. This evidence tended to show that the defendant had been convicted of two prior felonies, one of which was an armed robbery, and one of which was a common law robbery.

The defendant’s evidence consisted of testimony from Dr. Gary Hoover, an expert in the field of psychology. Dr. Hoover testified that he conducted a forensic psychological evaluation of the defendant which included interviews with eleven individuals and records from nine sources covering defendant’s history as far back as age eight. Dr. Hoover also interviewed the defendant twice at Central Prison. Dr. Hoover diagnosed defendant as suffering from bipolar disorder, antisocial personality disorder and substance abuse.

Jury Selectiqn/Guilt Phase

In his first assignment of error, the only issue in the guilt/ innocence phase of the trial not treated as a preservation issue, the defendant contends that the State exercised its peremptory challenges to exclude three minority jurors on the basis of race in violation of Batson v. Kentucky, 476 U.S. 79, 90 L. Ed. 2d 69 (1986).

In Batson, the United States Supreme Court held that the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution prohibits the use of peremptory challenges to exclude a juror solely on account of his or her race. Batson, 476 U.S. at 89, 90 L. Ed. 2d at 83. The Supreme Court established a three-part test to determine if a prosecutor has impermissibly excluded a juror based on race. First, the defendant must establish a prima facie case of purposeful discrimination. Batson, 476 U.S. at 96, 90 L. Ed. 2d at 87-88; State v. Robinson, 330 N.C. 1, 15, 409 S.E.2d 288, 296 (1991). If the defendant succeeds in establishing aprima facie case of discrimination, the burden shifts to the prosecutor to offer a race-neutral explanation for each challenged strike. Batson, 476 U.S. at 97, 90 L. Ed. 2d at 88; State v. Wiggins, 334 N.C. 18, 31, 431 S.E.2d 755, 763 (1993). Finally, the trial court must determine whether the defendant has proven purposeful discrimination. Hernandez v. New York, 500 U.S. 352, 359, 114 L. Ed. 2d 395, 405 (1991).

In the case sub judice, the prosecutor, at the trial court’s request, offered race-neutral explanations for each peremptory challenge to which the defendant objected. Because the purpose of the prima facie case is to shift the burden of going forward to the State, the State’s offer of race-neutral explanations renders it unnecessary to address whether the defendant met his initial burden of establishing [12]*12a prima facie case of discrimination. Id. We proceed, therefore, as if the

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Cite This Page — Counsel Stack

Bluebook (online)
468 S.E.2d 204, 343 N.C. 1, 1996 N.C. LEXIS 165, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-lyons-nc-1996.