State v. Seaberry

388 S.E.2d 184, 97 N.C. App. 203, 1990 N.C. App. LEXIS 83
CourtCourt of Appeals of North Carolina
DecidedFebruary 6, 1990
DocketNo. 8911SC332
StatusPublished
Cited by1 cases

This text of 388 S.E.2d 184 (State v. Seaberry) 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. Seaberry, 388 S.E.2d 184, 97 N.C. App. 203, 1990 N.C. App. LEXIS 83 (N.C. Ct. App. 1990).

Opinions

ARNOLD, Judge.

Appellant first assigns error to the trial court’s denial of his motion for funds to obtain the assistance of a psychiatrist and a ballistics expert to facilitate the preparation and presentation of his defense. The trial court found the testimonial and documentary evidence presented did not demonstrate the threshold showing of a “particularized need” necessary to obtain state funds for independent experts. State v. Penley, 318 N.C. 30, 51, 347 S.E.2d 783, 795 (1986). Appellant argues he made the threshold showing and asks for a new trial.

Under N.C.G.S. § 7A-450(b) and N.C.G.S. § 7A-454, the state must provide an indigent criminal defendant with counsel and other necessary expenses. To receive funds for a state-appointed expert, [207]*207appellant must show: (1) he will be deprived of a fair trial without the expert assistance, or (2) there is a reasonable likelihood the appointment will materially assist him in the preparation of his case. State v. Moore, 321 N.C. 327, 364 S.E.2d 648 (1988); see State v. Johnson, 317 N.C. 193, 344 S.E.2d 775 (1986); see Ake v. Oklahoma, 470 U.S. 68, 84 L.Ed. 2d 533, 105 S.Ct. 1087 (1985). The decision whether or not to provide these expenses is within the sound discretion of the trial court and will not be overturned absent an abuse of discretion. State v. Holden, 321 N.C. 125, 362 S.E.2d 513 (1987), cert. denied, 486 U.S. 1061, 100 L.Ed. 2d 935, 108 S.Ct. 2835 (1988). In determining whether a defendant has made the requisite showing of a particularized need, the court “should consider all the facts and circumstances known to it at the time the motion for . . . assistance is made.” State v. Gambrell, 318 N.C. 249, 256, 347 S.E.2d 390, 394 (1986). No bright-line rule applies here; instead, the showing demanded is flexible and to be resolved on a case-by-case basis. See Moore, 321 N.C. 327, 364 S.E.2d 648.

Appellant claims he needed a psychiatrist to evaluate the effect his cocaine addiction had on his mental capacity at the time the crimes were committed and at the time he made inculpatory statements to law enforcement officers. We agree with the trial court that appellant failed to make the threshold showing of specific necessity required here. A suspicion that the outcome of an examination may be favorable is insufficient to show a reasonable likelihood that an expert will materially assist a defendant in preparation of his defense. Penley, at 51, 347 S.E.2d at 795; Caldwell v. Mississippi, 472 U.S. 320, 323 n.1, 86 L.Ed. 2d 231, 236 n.1 (1985) (denial of fingerprint and ballistics experts not denial of due process where defendant offered little more than undeveloped assertions).

Appellant argues State v. Moore, 321 N.C. 327, 364 S.E.2d 648, controls the determination before us. In Moore, an indigent defendant with an IQ of 51 was charged with first-degree sexual offense based almost entirely on his confession and the recovery of his palm print at the scene of the crime. The Supreme Court held the defendant had a constitutional right to psychiatric assistance to dispute the voluntariness of his confession and the right to the help of a fingerprint expert. Moore, at 327, 364 S.E.2d at 648.

The defendant in Moore established the requisite threshold by showing that: (1) because there was no positive identification [208]*208of the perpetrator in the case, the expert testimony and defendant’s confession were crucial to the state’s case; (2) due to defendant’s mental retardation he had limited communication and reasoning ability and thus could not provide defense counsel with much assistance in making a defense; and (3) his confession was of questionable credibility. Id. at 335-37, 343, 364 S.E.2d at 652-53, 656.

Certain similarities exist between the case before us and Moore. In neither case could the perpetrator be positively identified; in both cases the accused person confessed to committing the crime; and, in both, questions existed concerning the competency of the accused. Nevertheless, we believe the situation here is distinguishable from Moore. First, the lack of an eyewitness to the perpetrator’s identity standing alone is not sufficient to require the state to provide an indigent defendant with state funds for a psychiatrist in every situation where the state’s case is partly dependent on defendant’s confession. Where, as in the case before us, other evidence exists, an indigent criminal defendant requesting a psychiatric expert must show something more than the fact that he confessed and that his confession will be important in the state’s case against him.

The confession and ballistics evidence were not as important to the state’s case here as the confession and palm print were in Moore. Eyewitnesses at the scene described the perpetrator’s physical build, his clothing, and the vehicle used in the crime. Using this and other information gathered during the ensuing investigation, officials immediately focused on appellant as the main suspect, tracked his movements, from Clayton to Raleigh and Rock Hill, and finally apprehended him in Detroit. In addition to the descriptive evidence investigators gathered linking appellant to the crime, this evidence of flight from the scene implicates him, notwithstanding his confession and the ballistics information.

Moreover, while it has been demonstrated that appellant’s confession is important to the state’s case, unlike the defendant in Moore, appellant here has failed to show that his confession was of questionable credibility. As noted above, the defendant in Moore had an IQ of 51. More importantly, a forensic psychiatrist for the state testified in Moore that because of the defendant’s subaverage intelligence he was “easily lead and easily influenced.” Id. at 337, 364 S.E.2d at 653. Family and friends of the defendant testified to the same effect. Witnesses demonstrated the defendant was [209]*209unable to understand complicated subjects. The psychiatrist testified he believed the defendant did not understand the meaning of the term “coercion.” Id. at 333, 364 S.E.2d at 651. In short, the defendant in Moore submitted detailed evidence of his suggestible nature and of the potential coercive environment in which his confession was made.

In the present case, appellant has not made such a showing. Instead, the evidence strongly supports the state’s contentions that appellant was cognizant of his actions both at the time the crimes were committed and when he made the inculpatory statements. The officers who testified at the motions hearing stated that when interviewed appellant was alert, attentive, and capable of relating the specifics of the case and his involvement in the robbery and shooting.

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Related

State v. Rhome
462 S.E.2d 656 (Court of Appeals of North Carolina, 1995)

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Bluebook (online)
388 S.E.2d 184, 97 N.C. App. 203, 1990 N.C. App. LEXIS 83, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-seaberry-ncctapp-1990.