State v. Robinson

729 S.E.2d 88, 221 N.C. App. 509, 2012 WL 2890876, 2012 N.C. App. LEXIS 874
Court of Appeals of North Carolina·Decided July 17, 2012·No. No. COA11-1584·Published·Cited by 5 cases

Opinion

McCullough, Judge.

[510]*510On 28 February 2011, a jury found Rodney Lamar Robinson (“defendant”) guilty of first-degree murder. The trial court entered judgment on the verdict, sentencing defendant to life imprisonment without the possibility of parole. On appeal, defendant challenges the trial court’s (1) denial of his motion requesting that he be evaluated by a mental health professional to determine his competency to proceed with trial, and (2) denial of his motion to suppress his statements made during a recorded interrogation at the police station during which he produced a handwritten statement. After careful review, we hold defendant received a fair trial free from prejudicial error.

I. Background

On 16 August 2009, just before 2:00 p.m., defendant assaulted Angela Hart (“Hart”) with a paring knife, and Hart died as a result of the loss of blood from the injuries inflicted during the assault. During the four months prior to her murder on 16 August 2009, Hart lived with defendant in defendant’s mother’s home located on Woodlawn Avenue in Asheville, North Carolina.

On the date of the assault, Hart contacted defendant by telephone, during which defendant lied to Hart and told her that his mother had a nervous breakdown and that she needed to come home. When she arrived at the house, defendant again lied to her and told her he had stored some of her belongings in the basement and that she should accompany him to the basement. At the top of the basement stairs, defendant first stabbed Hart in the neck with the paring knife. Hart attempted to run from defendant, and he chased her outside around the house onto Young Street, where he tackled her against a parked car. Defendant proceeded to stab Hart repeatedly. Hart again attempted to run away from defendant, but she fell down, upon which defendant caught her and began stabbing her repeatedly. Hart then tried to run towards a nearby house, as defendant followed and continued to stab her. When Hart no longer moved, defendant returned to his house.

Several neighbors in the area heard a female screaming for help, saw defendant stabbing Hart multiple times, and called 911. Officer Robert Bingaman with the Asheville Police Department (“Officer Bingaman”) was the first police officer to arrive at the scene at approximately 1:50 p.m. As Officer Bingaman approached the area, he observed defendant crossing the street in front of defendant’s house with his hands, arms, bare chest, and pants covered in blood. Officer Bingaman exited his patrol vehicle and approached defendant [511]*511in front of defendant’s house, and defendant “threw his hands in the air” and stated that he was “not resisting.” Defendant complied with Officer Bingaman’s order to get on the ground and was handcuffed. During this time, defendant stated that he “just killed a woman.” When Officer Bingaman stood defendant up and asked defendant where the woman was, defendant motioned with his head and eyes in the direction of Hart’s body and stated, “She’s over there.” After providing his name and address to Officer Bingaman, defendant spontaneously stated, “I’m glad this is over. I’m about to meet my maker.” A dispatcher riding with Officer Bingaman checked the location indicated by defendant and reported back to Officer Bingaman that he had observed a body. EMS personnel arrived soon thereafter and pronounced Hart dead at the scene.

The pathologist who conducted Hart’s autopsy testified that Hart sustained a total of 57 sharp force injuries. Forty-four of those injuries were superficial, penetrating through the skin and soft tissue but no vital organs or major blood vessels. The remaining thirteen were deeper stab wounds, including four in Hart’s back that penetrated both of her lungs. Thirty-six of the injuries were inflicted on Hart’s face, head and neck, one of which penetrated her eyeball. The paring knife used in the assault was left imbedded in Hart’s right cheek. At the scene, EMS personnel also asked defendant if he was injured, to which defendant responded that he had cut his hand when he was “cutting that b — h.” Defendant was arrested and taken to the Asheville Police Department.

At approximately 4:30 p.m., Detective Matthew Davis (“Detective Davis”), with defendant’s consent, took swabs of the blood on defendant’s chest and a swab from defendant’s cheek for DNA. Defendant asked Detective Davis if Hart was dead or alive, to which Detective Davis responded that he did not know the status of her condition at that time. Defendant was then taken to a decontamination room where he was bathed and bandaged. Defendant was placed in an interview room equipped with an audio-video recording system and was given some food.

As defendant was finishing his meal, Detective Davis entered the interview room at approximately 7:00 p.m. and asked defendant if he was “ready to talk for a little bit[.]” Defendant responded that he was ready, that he “wanted to do the right thing,” that he was “sorry for what he did,” and that he had “asked God to forgive him.” Detective Davis informed defendant that he would need to sign a waiver of his Miranda rights in order to speak with the detective about what had [512]*512happened. Specifically, Detective Davis told defendant, “You’ve got to waive your rights, basically saying you want to talk to me, that’s all this is saying, and then we can move on and hear your story.” Detective Davis confirmed that defendant could read and write and then read the Miranda rights to defendant from a pre-printed waiver form. Detective Davis had defendant initial beside each paragraph and sign the waiver form. Detective Davis then proceeded to question defendant about the assault. During the interrogation, Detective Davis asked defendant to make a written statement, with which defendant complied. Defendant’s statements to Detective Davis revealed that he had become frustrated with Hart and that he had planned to kill her and commit suicide afterwards. However, his mother would not let him back inside the house after he assaulted Hart. After obtaining defendant’s written statement, Detective Davis informed defendant that Hart had died and that defendant would be charged with first-degree murder.

Defendant was indicted for first-degree murder on 5 April 2010. The case came on for trial on 21 February 2011 in Buncombe County Superior Court. At the call of the case, defense counsel presented to the trial court a motion questioning defendant’s competency to proceed with the trial and seeking an assessment of his competency by a mental health professional. After conducting a brief hearing on the issue, the trial court denied the motion.

Defense counsel also moved the court to suppress defendant’s statements made during the interrogation by Detective Davis following his arrest. Defense counsel asserted defendant did not knowingly and voluntarily waive his Miranda rights, and therefore, his statements as a result of the interrogation must be excluded. The trial court conducted a voir dire hearing on the motion, and at the conclusion of the hearing, the trial court enunciated multiple findings of fact and a conclusion of law that defendant had knowingly and voluntarily waived his Miranda rights prior to making the challenged statements and therefore the statements were admissible.

On 28 February 2011, the jury returned a verdict finding defendant guilty of first-degree murder. The trial court entered judgment on the verdict, sentencing defendant to life imprisonment without the possibility of parole.

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State v. Robinson, 729 S.E.2d 88, 221 N.C. App. 509, 2012 WL 2890876, 2012 N.C. App. LEXIS 874 (N.C. Ct. App. 2012).

729 S.E.2d 88 (State v. Robinson) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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