State v. Rollins

738 S.E.2d 440, 226 N.C. App. 129, 2013 WL 1110651, 2013 N.C. App. LEXIS 279
CourtCourt of Appeals of North Carolina
DecidedMarch 19, 2013
DocketNo. COA12-552
StatusPublished
Cited by3 cases

This text of 738 S.E.2d 440 (State v. Rollins) 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. Rollins, 738 S.E.2d 440, 226 N.C. App. 129, 2013 WL 1110651, 2013 N.C. App. LEXIS 279 (N.C. Ct. App. 2013).

Opinion

CALABRIA, Judge.

Mickey Vonrice Rollins (“defendant”) appeals from judgments entered upon jury verdicts finding him guilty of first degree murder, attempted robbery with a dangerous weapon, and felony breaking and entering. We find no error.

I. Factual and Procedural Background

On 11 June 2002, eighty-eight-year-old Harriet Brown Roberson Highsmith (“Highsmith”) was discovered dead in her home in Robersonville, North Carolina. Highsmith’s front door was found ajar, with her keys still in the lock. She had been stabbed twelve times in her neck, chest and stomach. The stab wounds had a blunt edge and a sharp edge, consistent with a knife. Although Highsmith’s undergarments were pulled down to her thighs, there was no evidence of sexual assault.

Defendant was identified by law enforcement as a person of interest because he was in the area of Highsmith’s home at the time of the murder. On 12 June 2003, defendant was voluntarily interviewed by the Robersonville Police Department (“RPD”) in connection with the murder. During the interview, defendant admitted to being in Highsmith’s neighborhood on the day of the murder. He stated that he had had an argument with his wife and spent the day at the home of his aunt, Mary Durham (“Durham”). Durham lived next door to Highsmith.

In March 2003, defendant confessed to his wife, Tolvi Rollins (“Tolvi”), that he had murdered Highsmith. He warned Tolvi not to share this information with anyone else. In October 2003, Tolvi contacted RPD Chief Darrell Knox and told him that she had information about Highsmith’s murder. On 14 October 2003, Tolvi met with Agent Walter Brown (“Agent Brown”) of the State Bureau of Investigation and provided him with details of Highsmith’s murder which were consistent with the evidence found at the crime scene.

At the time Tolvi met with Agent Brown, defendant was incarcerated on unrelated charges. Tolvi agreed to wear a recording device and visit defendant in prison. Over the next two months, Tolvi visited defendant on five occasions. At each visit, defendant discussed details of the murder. According to the recordings and summaries provided by Tolvi, defendant entered Highsmith’s home through an open door. When [131]*131Highsmith saw defendant, he decided to kill her because he would be “looking at 30 years” if Highsmith contacted law enforcement. Defendant told Tolvi that he stabbed Highsmith “about twelve or thirteen times” with two different knives. Defendant claimed he had attempted to make the murder look like a sexual assault in order to “throw the cops off.”

On 2 February 2004, defendant was indicted for first degree murder, robbery with a dangerous weapon, felony breaking and entering, and first degree kidnapping, Agent Brown continued to investigate the murder and interviewed several inmates who were incarcerated with defendant. Based upon interviews with inmate Harris Ford (“Ford”), law enforcement searched a field near the Andrews Terrace projects (“Andrews Terrace”) in Robersonville on 4 October 2006. The search uncovered a black-handled steak knife.

Prior to trial, defendant filed a motion to suppress the statements he made to Tolvi regarding Highsmith’s murder while he was incarcerated. After a hearing, the trial court entered an order denying defendant’s motion on 19 August 2005.

On 6 October 2006, defendant entered an Alford plea to the offense of first degree murder, reserving his right to appeal the denial of his motion to suppress. Durham testified at defendant’s plea hearing in order to establish a factual basis for his plea. She testified that defendant had approached her house shortly after 4:00 p.m. on the day of the murder. Durham and defendant talked on her porch for a few minutes, and then defendant left to make a phone call. Defendant walked in the direction of Highsmith’s house. A short time later, defendant returned to Durham’s porch and asked for a glass of water. Defendant again left Durham’s house, and “five or ten minutes” later, Durham saw him standing by a fence at the back of Highsmith’s property.

Defendant appealed the denial of his motion to suppress his statements to Tolvi to this Court. On 8 March 2008, the Court issued an opinion reversing the trial court’s denial of defendant’s motion and granting defendant a new trial. State v. Rollins, 189 N.C. App. 248, 658 S.E.2d 43 (2008)("Rollins I”). The Rollins I Court held that defendant’s statements to Tolvi were protected by the marital privilege. Id. at 260, 658 S.E.2d at 50-51.

The State petitioned our Supreme Court for discretionary review, which was granted on 26 August 2008. On 1 May 2009, the Court issued an opinion reversing the opinion of this Court. State v. Rollins, 363 N.C. 232, 675 S.E.2d 334 (2009)("Rollins II"). The Rollins II Court held that [132]*132defendant’s statements to Tolvi were not protected by the marital privilege because defendant had no reasonable expectation of privacy in the conversations he had with his wife while in prison. Id. at 241, 675 S.E.2d at 340. The Court remanded the case to this Court for consideration of defendant’s remaining assignments of error which had not been previously addressed in Rollins I. Id.

On remand, this Court issued an opinion which again granted defendant a new trial. State v. Rollins, 200 N.C. App. 105,682 S.E.2d411 (2009) ("Rollins III"). The Rollins III Court held that the trial court failed to make necessary findings on the voluntariness of defendant’s statements to Tolvi when it denied his motion to suppress. Id. at 112, 682 S.E.2d at 416. Defendant’s case was remanded for a new suppression hearing. Id.

After the new suppression hearing, the trial court entered an order which again denied defendant’s motion to suppress his statements to Tolvi on 19 July 2010. Defendant’s case then proceeded to trial. Beginning 25 April 2011, defendant was tried by a jury in Martin County Superior Court.

At trial, the court admitted, over defendant’s objection, testimony by Agent Brown that he had interviewed defendant’s fellow inmates during the course of his investigation. Agent Brown specifically noted that he had met several times with Ford, and that as a result of those conversations, he conducted a search in a field near Andrews Terrace and discovered a black-handled steak knife. The trial court overruled defendant’s Confrontation Clause and relevance objections to Agent Brown’s testimony and the knife.

Durham was called to testify at trial. However, prior to her testimony, the parties conducted a voir dire examination during which Durham stated that she could not currently identify defendant, that she did not remember knowing Highsmith, that she did not remember the events of the day of the murder, and that she could not remember previously testifying. As a result, the trial court admitted, over defendant’s objection, a transcript of Durham’s testimony as a recorded recollection under North Carolina Rule of Evidence 803(5), as former testimony of an unavailable witness under Rule 804(b)(1), and under the residual hearsay exception, Rule 803(24).

At the conclusion of the evidence, the trial court dismissed the kidnapping charge.

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Cite This Page — Counsel Stack

Bluebook (online)
738 S.E.2d 440, 226 N.C. App. 129, 2013 WL 1110651, 2013 N.C. App. LEXIS 279, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-rollins-ncctapp-2013.