State v. Martin

774 S.E.2d 330, 241 N.C. App. 602, 2015 N.C. App. LEXIS 516
CourtCourt of Appeals of North Carolina
DecidedJune 16, 2015
DocketNo. COA14–1179.
StatusPublished
Cited by9 cases

This text of 774 S.E.2d 330 (State v. Martin) 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. Martin, 774 S.E.2d 330, 241 N.C. App. 602, 2015 N.C. App. LEXIS 516 (N.C. Ct. App. 2015).

Opinion

DILLON, Judge.

*602Dammion Lamont Martin ("Defendant") was convicted by a jury of two counts of sexual offense with a student. For the following reasons, we find no error with one of the convictions; however, with respect to the other conviction, we reverse and remand the matter for a new trial.

*603I. Background

Defendant worked as a substitute high school teacher. He was accused by a student of sexually assaulting her in 2006 at a school where he was working. He was accused by another student of sexually assaulting her in 2008 at the same school. Defendant was tried for both incidents in a single jury trial.

The State's evidence at trial tended to show as follows: The student involved in the 2008 incident, Katie1 , testified that one afternoon after school as she was walking past the school's football field house, Sherman2 , a student on the football team, playfully carried her into the boys' locker room. Two other football players were standing inside preparing for practice. Katie stated that she knew that she was not allowed in the boys'

*332locker room, but that they were just standing and talking.

As they were standing and talking in the locker room, Defendant entered, questioned the boys about a girl being in the locker room, and told the boys to head to practice. After the boys had exited, Defendant told Katie to go with him to an adjacent classroom where he informed her that she could face suspension for being in the locker room. Defendant also indicated that the boys probably wanted Katie to perform oral sex on them, which Katie denied having occurred. Defendant then, however, asked Katie to perform oral sex on him. He locked the classroom door, approached Katie, and dropped his pants down, whereupon Katie performed oral sex on Defendant for about a minute, fearing that she would be suspended if she refused. Afterwards, Katie left the room, upset and crying.

The State's evidence further showed that Katie gave consistent accounts of the incident to the sheriff's department, the school principal, and an SBI agent.

Sherman also testified for the State, stating that Katie was just standing and talking to him and the other players when Defendant found them in the locker room, that Defendant questioned the players about a girl being in the locker room and that he told them to go to practice.

Regarding the 2006 incident, a student testified for the State that Defendant forced her to perform oral sex on him when they were alone in a classroom. She soon told a friend and the principal about the *604incident but decided not to press charges at that time. However, years later upon hearing Katie's story on the news, she contacted the sheriff's department about what had happened to her.

Defendant testified on his own behalf, denying that he had any sexual contact with either student.

A jury acquitted Defendant of two counts of second-degree sexual offense, but found him guilty of two counts of sexual offense with a student. The trial court sentenced Defendant to two consecutive terms of 13 to 16 months of imprisonment. Defendant gave notice of appeal in open court.

II. Analysis

This appeal concerns an evidentiary ruling of the trial court. Specifically, Defendant's counsel sought to introduce the testimonies of Defendant and two other witnesses as evidence to show that Katie was performing oral sex on the football players when Defendant entered the locker room on the day in question. He sought to introduce this evidence for the purpose of showing that Katie had a motive to falsely accuse Defendant of sexual assault. After conducting an in camera hearing (outside the presence of the jury) where Defendant's counsel made an offer of proof concerning the witnesses' proposed testimonies, the trial court ruled that the evidence was per se irrelevant because the evidence did not fit under any of the four exceptions provided in our Rape Shield Statute ( Rule 412 of our Rules of Evidence), a statute which declares that other sexual behavior engaged in by the prosecuting witness generally to be irrelevant.

On appeal, Defendant argues that the trial court erred in its evidentiary ruling and that he was prejudiced by the error such that both his convictions should be reversed. The State, however, argues that (1) Defendant failed to preserve his appeal by failing to make a sufficient offer of proof at the in camera hearing and, (2) that, in any event, the trial court properly excluded the evidence under Rule 412.

For the reasons stated in subsection A below, we hold that Defendant's offer of proof was sufficient to preserve his appeal.

On the merits of the appeal, for the reasons stated in subsection B below, we hold that the trial court had discretion to admit the evidence since it was being offered to show motive and that the trial court erred by not exercising this discretion when concluding that the evidence was per se inadmissible.

*605A. Adequacy of Defendant's Offer of Proof

Our Supreme Court has held that to preserve for appellate review the exclusion of evidence, "the significance of the excluded evidence must be made to appear in the record and a specific offer of proof is required unless the significance of the evidence *333is obvious from the record." State v. Jacobs, 363 N.C. 815, 818, 689 S.E.2d 859, 861 (2010).

In the present case, Defendant's counsel made an informal offer of proof; that is, he represented to the court the content of the testimonies his witnesses would provide. In contrast, a formal offer of proof is made when counsel calls the witnesses to provide their proposed testimonies at the hearing. The State argues that an offer of proof made informally is per se insufficient to preserve the appeal. We disagree.

Our Supreme Court has never held that a formal offer of proof is the only sufficient means to make an offer of proof: "We wish to make it clear that there may be instances where a witness need not be called and questioned in order to preserve appellate review of excluded evidence." State v. Simpson, 314 N.C. 359, 372, 334 S.E.2d 53, 61 (1985). Rather, our Supreme Court has merely stated that a formal offer of proof is the preferred method and that the practice of making an informal offer of proof "should not be encouraged," State v. Willis,

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Cite This Page — Counsel Stack

Bluebook (online)
774 S.E.2d 330, 241 N.C. App. 602, 2015 N.C. App. LEXIS 516, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-martin-ncctapp-2015.