State v. Mumma

827 S.E.2d 288, 372 N.C. 226
CourtSupreme Court of North Carolina
DecidedMay 10, 2019
Docket90PA18
StatusPublished
Cited by19 cases

This text of 827 S.E.2d 288 (State v. Mumma) 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. Mumma, 827 S.E.2d 288, 372 N.C. 226 (N.C. 2019).

Opinions

ERVIN, Justice.

**227The issues before us in this case concern whether the Court of Appeals erred by determining that the trial court did not commit prejudicial error by allowing the jury, without the consent of the parties, to review certain photographs that had been admitted into evidence in the jury room and did not commit plain error by instructing the jury concerning the effect of a determination that defendant Willoughby Henerey Mumma was the "aggressor" upon defendant's right to act in self-defense. After carefully considering the record in light of the applicable law, we hold that defendant was not prejudiced by the trial court's decision to allow the jury to review the photographs in the jury room without his consent and that the trial court's decision to include an "aggressor" instruction in its discussion of the law of self-defense did not constitute plain error. As a result, we modify and affirm the decision of the Court of Appeals.

I. Factual Background

A. Substantive Facts

On 9 November 2011, defendant lived with his wife, Amy Chapman, and her fifteen-year-old son, Christopher Robinson. At approximately 5:30 p.m. on that date, when Mr. Robinson came home after visiting his girlfriend following school, he discovered that defendant and his mother were consuming Clonopin and drinking alcohol. Between 8:00 and 8:30 p.m., Ms. Chapman got a ride to the store, where she purchased more alcohol.

From 8:11 until 8:21 p.m., defendant had a text message exchange with his friend, Dewayne Bradley, during which defendant stated that:

Defendant: Im goin 2 kil her.
Mr. Bradley: Please dont.
Defendant: Im goin 2 I cant take.
Mr. Bradley: Man just walk down the road.
Defendant: Do u have ne lime?
Mr. Bradley: Noooooo just chill.
Defendant: No Im over it I cant take no more I luv u bro.
**228Mr. Bradley: Please lessen to me.
Defendant: Im sorry I have 2.
*290Mr. Bradley: Man, Ill come and get 2morr my word.
Defendant: Line wil get rid of the body.

Subsequently, Ms. Chapman purchased additional pills from an acquaintance who came to the residence in which she, defendant, and Mr. Robinson resided.

At approximately 9:45 p.m., Mr. Robinson awoke; heard an argument between defendant and Ms. Chapman; entered their bedroom, in which the couple was sitting adjacent to each other on the bed; urged them to stop arguing; and then went back to bed himself. Defendant claimed that, later on the same evening, Ms. Chapman, who had taken a shower while he was still sitting on the bed, emerged from the bathroom with a knife and attacked him with it. After gaining control of the knife, defendant stabbed Ms. Chapman to death.

The next morning, defendant sent several text messages to Mr. Bradley in which he requested Mr. Bradley to drive Mr. Robinson to school. After Mr. Bradley and his wife, who was driving the couple's vehicle, arrived, Mr. Bradley entered the house. At that time, defendant showed Mr. Bradley the body of Ms. Chapman, which was lying on the floor of a closet in the bedroom that the two of them had shared. Upon seeing Ms. Chapman's body, Mr. Bradley quickly left the residence, reentered his vehicle, and told his wife and Mr. Robinson to lock the doors to prevent defendant from accessing the vehicle. After his wife had driven away from the residence, Mr. Bradley informed Mr. Robinson that his mother was dead and called for emergency assistance. Defendant, who had entered the woods behind the residence, was taken into custody at approximately 5:18 p.m.

B. Procedural History

1. Trial Court Proceedings

On 22 November 2011, the Swain County grand jury returned a bill of indictment charging defendant with first-degree murder. The charge against defendant came on for trial before Judge Marvin P. Pope, Jr., and a jury at the 23 May 2016 criminal session of the Superior Court, Swain County. At least one hundred and seventy-nine photographs were admitted into evidence during the trial, all but one of them without any objection from defendant. At the conclusion of the trial, the trial court, without any objection from defendant, instructed the jury **229concerning the issue of self-defense. On a number of occasions during its self-defense instruction, the trial court stated that defendant would not be excused of murder or manslaughter on self-defense grounds if he "was the aggressor with the intent to kill or inflict serious bodily harm upon the deceased."

While the jury deliberated, it sent a note to the trial court in which it requested "Evidence - ALL PHOTOS PLEASE." After noting that "it's in the Court's discretion," defendant's trial counsel objected to allowing the jury to review the photographs in the jury room and stated his preference "for [the jurors] to rely on the testimony and recollection." The trial court responded that, "In my discretion, I'm going to allow them to have all the photographs that have been introduced into evidence" and then had the photographs delivered to the jury room.

After it had deliberated for approximately two hours, the jury sent the trial court a note indicating that it was divided eleven to one and was unable to reach a verdict. In response to the jury's note, and at defendant's request, the trial court instructed the jury in accordance with the United States Supreme Court's decision in Allen v. United States , 164 U.S. 492, 501-02, 17 S. Ct. 154, 157, 41 L.Ed. 528, 530-31 (1896). Following further deliberations, the jury returned a verdict convicting defendant of second-degree murder. Based upon the jury's verdict, the trial court entered a judgment sentencing defendant to a term of 180 to 225 months imprisonment. Defendant noted an appeal to the Court of Appeals from the trial court's judgment.

2. Appellate Proceedings

In seeking relief from the trial court's judgment before the Court of Appeals, defendant contended that the trial court had "violated a statutory mandate or committed plain error by giving erroneous jury instructions on self-defense" and "erred by sending inflammatory photographs of the decedent's body to the jury deliberation room."

*291State v. Mumma , --- N.C. App. ----, ----, 811 S.E.2d 215

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Cite This Page — Counsel Stack

Bluebook (online)
827 S.E.2d 288, 372 N.C. 226, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-mumma-nc-2019.