State v. Ramseur

739 S.E.2d 599, 226 N.C. App. 363, 2013 WL 1296765, 2013 N.C. App. LEXIS 348
CourtCourt of Appeals of North Carolina
DecidedApril 2, 2013
DocketNo. COA12-62
StatusPublished
Cited by12 cases

This text of 739 S.E.2d 599 (State v. Ramseur) 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. Ramseur, 739 S.E.2d 599, 226 N.C. App. 363, 2013 WL 1296765, 2013 N.C. App. LEXIS 348 (N.C. Ct. App. 2013).

Opinion

STEPHENS, Judge.

Procedural History and Evidence

This appeal arises from a 2004 shooting that left two men dead and another seriously injured. Defendant Travis Doran Ramseur was tried in the superior court in Iredell County on two counts of capital first-degree murder and one count each of attempted first-degree murder, assault with a deadly weapon with intent to kill inflicting serious injury, and conspiracy to commit first-degree murder.

The evidence at trial tended to show the following: On 16 November 2004, four men from Statesville, Deleon “Scoot Rock” Dalton, Oderia Chipley, and two other men (collectively, “the Dalton group”) visited a liquor house in Belmont. There the Dalton group encountered another group of men, Augelo Stockton, Timothy Cook, Charles Summers, and Desmond Thompson, (collectively, “the Stockton group”) with whom they had a “beef.” There was tension between the groups, and eventually, the Dalton group left the Belmont liquor house1 for a local liquor house in Statesville known as “Mr. Wimp’s.” Later, the Stockton group also made its way to Mr. Wimp’s. Stockton, Cook, and Summers all carried firearms concealed in the waistbands of their pants.

When the Stockton group entered Mr. Wimp’s, Dalton told Chipley to call a friend named A Bellamy and ask Bellamy to bring some guns to Mr. Wimp’s. Chipley also called Defendant and told him “he might want to come over.” As the men continued drinking, a dispute arose between members of the groups, which then turned into a physical fight between Dalton and Stockton. During the fight, Cook and Summers brandished their guns and warned everyone else not to get involved with their own weapons. Chipley and another man broke up the fight, and “Mr. Wimp” threw Stockton, Cook, and Summers out of the liquor house and locked the door. Cook warned those present they were going to “learn from their mistakes.” Stockton, Cook, and Summers beat on the door and yelled for [365]*365Dalton to come outside. Chipley, who was still inside Mr. Wimp’s, again spoke with Defendant about what was taking place at the liquor house.

Parish Reinhardt, a friend of Defendant’s, testified that, on the night of the shootings, he, Defendant, and Bellamy had been dropped off near Mr. Wimp’s. Defendant had a shotgun and a handgun with him, and Bellamy also had a firearm. Defendant, Bellamy, and Reinhardt positioned themselves across the street from Mr. Wimp’s in a line of trees. Defendant, Bellamy, and Reinhardt saw Stockton, Cook, and Summers leaving the liquor house and yelling at the occupants. Stockton, Cook, and Summers eventually walked across the street toward where Defendant, Bellamy, and Reinhardt were hiding. When the three men reached the sidewalk, Defendant fired the first shot toward the three men; Bellamy and Reinhardt then began shooting at Stockton, Cook, and Summers. Stockton, Cook, and Summers returned fire causing Defendant and his accomplices to flee the area.

When law enforcement officers arrived at the scene, they found Stockton, Cook, and Summers had been wounded. When asked who had shot him, Stockton replied, “Scoot” and “Scoot Rock.” Stockton died soon after making these statements. Cook also died from his wounds. Defendant did not present any evidence at trial.

The jury found Defendant guilty of all charges and recommended sentences of life imprisonment without the possibility of parole on the first-degree murder convictions. The trial court imposed two sentences of life imprisonment without parole for the murder convictions and an additional active sentence of 288 to 355 months for the remaining convictions, all to be served consecutively. Defendant gave notice of appeal in open court.

On 24 February 2012, while his appeal was pending in this Court, Defendant filed a motion for appropriate relief (“MAR”) alleging serious discovery violations during his trial. By order entered 13 June 2012, this Court stayed the appeal and remanded the matter to the superior court in Iredell County for consideration of Defendant’s MAR. On remand, the trial court held a hearing on 4 and 5 September 2012, and subsequently, on 27 September 2012, entered an order denying Defendant’s MAR. On 8 October 2012, the court entered an amended order correcting minor typographic errors. The trial court concluded that the State did violate the requirements of N.C. Gen. Stat. § 15A-903 by failing to provide more than 1,800 pages of documents to Defendant, but also concluded that the State did not violate Defendant’s constitutional rights and that Defendant was not entitled to a new trial or any other relief [366]*366because Defendant had failed to show a reasonable possibility that the outcome of his trial would have been different but for the nondisclosure. Following delivery of the transcript of the MAR hearing on 24 December 2012, Defendant filed his supplemental brief on 14 January 2013. The State filed its supplemental brief on 6 February 2013. We affirm the trial court’s denial of Defendant’s motion for appropriate relief and find no error in his trial.

Defendant’s MAR

We first address Defendant’s arguments that the trial court erred in failing to grant him a new trial where the State failed to disclose in discovery more than 1,800 pages of material to which Defendant was entitled. Specifically, Defendant argues the court erred in concluding that the State’s discovery violations did not infringe upon Defendant’s constitutional rights because Defendant failed to show a reasonable probability that, but for the nondisclosure, he likely would have received a different verdict from the jury. We are not persuaded by Defendant’s argument.

When considering rulings on motions for appropriate relief, we review the trial court’s order to determine whether the findings of fact are supported by evidence, whether the findings of fact support the conclusions of law, and whether the conclusions of law support the order entered by the trial court.

State v. Frogge, 369 N.C. 228, 240, 607 S.E.2d 627, 634 (2005) (citation and quotation marks omitted). “When a trial court’s findings on a motion for appropriate relief are reviewed, these findings are binding if they are supported by competent evidence and may be disturbed only upon a showing of manifest abuse of discretion.” State v. Lutz, 177 N.C. App. 140, 142, 628 S.E.2d 34, 36 (2006) (citation and quotation marks omitted). In addition, the trial court’s unchallenged findings of fact are binding on appeal. State v. Jacobs, 162 N.C. App. 251, 254, 590 S.E.2d 437, 440 (2004). “However, the trial court’s conclusions are fully reviewable on appeal.” Lutz, 177 N.C. App. at 142, 628 S.E.2d at 35 (citation and quotation marks omitted).

In criminal cases, our General Statutes require that

[o]n a timely basis, law enforcement and investigatory agencies shall make available to the prosecutor’s office a complete copy of the complete files related to the investigation of the crimes committed or the prosecution of the defendant for compliance with this section and any [367]*367disclosure under G.S. [‘] 15A-902(a).

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Bluebook (online)
739 S.E.2d 599, 226 N.C. App. 363, 2013 WL 1296765, 2013 N.C. App. LEXIS 348, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-ramseur-ncctapp-2013.