State v. Walker

469 S.E.2d 919, 343 N.C. 216, 1996 N.C. LEXIS 259
CourtSupreme Court of North Carolina
DecidedMay 10, 1996
Docket76A95
StatusPublished
Cited by26 cases

This text of 469 S.E.2d 919 (State v. Walker) 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. Walker, 469 S.E.2d 919, 343 N.C. 216, 1996 N.C. LEXIS 259 (N.C. 1996).

Opinions

MITCHELL, Chief Justice.

Defendant was indicted on 1 December 1993 for the first-degree murder and conspiracy to commit murder of Elmon Tito Davidson, Jr. He was tried capitally at the 23 January 1995 Criminal Session of Superior Court, Guilford County. The jury found defendant guilty of [220]*220premeditated and deliberate murder and conspiracy to commit murder. After a capital sentencing proceeding, the jury recommended a sentence of death for the murder, and the trial court sentenced defendant accordingly. In addition, the trial court imposed a consecutive thirty-year sentence of imprisonment for the conspiracy to commit murder conviction.

The State’s evidence tended to show inter alia that defendant met Pamela Haizlip on 29 February 1992 at Haizlip’s apartment. They formed a relationship, and defendant moved in with Haizlip and her one-year-old daughter about June of 1992.

On 12 August 1992, defendant, Sabrina Wilson, Antonio Wrenn, Pamela Haizlip, Rashar Darden, and Jesse (Jay) Thompson were at Nicki Summers’ apartment, directly across from Haizlip’s apartment. Summers and Wilson told defendant and Haizlip that Davidson attempted to take money and drugs from Haizlip’s apartment the preceding night. Defendant told Haizlip to lure Davidson into her apartment and keep him there. Thereafter, defendant, Darden, and Thompson entered Haizlip’s apartment through the back door and found Davidson sitting on the couch. As they entered, defendant said that they were going to kill Davidson. Defendant and Darden were armed with pistols, and defendant told Haizlip to leave.

Defendant and Darden then pulled their guns, pointed them at Davidson, and made him sit down on the floor. Thompson tied Davidson’s hands with duct tape and radio wire. Defendant talked to Davidson; then Davidson’s mouth was taped, and his feet were tied with rope or string. Defendant hit Davidson on his knee caps at least three times with a hammer. Davidson’s hands came loose and were then secured by handcuffs. Defendant gave a .380-caliber pistol to Thompson and left the apartment. Davidson was laid on the floor. Thompson cut Davidson’s throat three times and then shot him through a pillow in the little finger and in the arm. Darden also shot Davidson several times with a .22-caliber pistol. Afterwards, Darden left and talked with defendant at Summers’ apartment. Darden told defendant, “He ain’t dying.” Defendant then reentered Haizlip’s apartment, took the gun from Thompson, and shot Davidson in the neck. After the shooting and when Davidson ceased to move, defendant left the apartment.

By his first assignment of error, defendant contends that the trial court committed prejudicial error by prohibiting him from cross-examining a key prosecution witness about prior inconsistent state-[221]*221merits contained in letters written to defendant by the witness without introducing the letters themselves into evidence. Defendant argues that this coerced him into introducing the letters, which contained highly prejudicial material that was otherwise inadmissible.

Pamela Haizlip apparently wrote a series of letters to defendant in which she said she lied to the police about defendant’s involvement in the murder. On direct examination, Haizlip testified extensively about defendant’s role in the murder. On cross-examination, defense counsel sought to use the letters for impeachment purposes. However, at the beginning of her cross-examination, Haizlip was not asked if she remembered if she wrote the letters, if she remembered what was said in the letters, or if the contents of the letters refreshed her recollection. Rather, Haizlip was handed the letters and was asked to identify them and to read from them.

The “best evidence rule,” Rule 1002 of the North Carolina Rules of Evidence, states: “To prove the content of a writing, . . . the original writing ... is required, except as otherwise provided in these rules or by statute.” N.C.G.S. § 8C-1, Rule 1002 (1992). Therefore, the trial court did not err in requiring that the writings be admitted into evidence before Haizlip could read their contents aloud. This assignment of error is overruled.

By his next assignment of error, defendant contends that the trial court erred by failing to instruct the jury on the lesser included offense of second-degree murder because the evidence of premeditation and deliberation was equivocal. Defendant argues that most of the evidence against him came from cooperating codefendants, primarily Pamela Haizlip, Antonio Wrenn, and Rashar Darden. While there were numerous inconsistencies in the testimony presented by these witnesses, a common theme was that the confrontation with Tito Davidson arose over Davidson’s attempted robbery of Haizlip’s residence the preceding evening. However, defendant contends that conflicting evidence was presented regarding defendant’s intent to kill Davidson.

In State v. Skipper, 337 N.C. 1, 446 S.E.2d 252 (1994), cert. denied, - U.S. -, 130 L. Ed. 2d 895 (1995), this Court stated:

“The test in every case involving the propriety of an instruction on a lesser grade of an offense is not whether the jury could convict defendant of the lesser crime, but whether the State’s evidence is positive as to each element of the crime charged and [222]*222whether there is any conflicting evidence relating to any of these elements.”

Id. at 26, 446 S.E.2d at 265 (quoting State v. Leroux, 326 N.C. 368, 378, 390 S.E.2d 314, 322, cert. denied, 498 U.S. 871, 112 L. Ed. 2d 155 (1990)).

A careful review of the transcript shows that there is no conflicting evidence regarding defendant’s intent to kill Davidson. The State’s evidence was that witnesses Wilson, Darden, and Haizlip heard defendant say that he was going to kill Davidson. They saw defendant arm himself with a pistol and heard him tell Haizlip to lure Davidson into her apartment and keep him there. Defendant supervised Thompson’s and Darden’s actions, and when Thompson and Darden were unable to kill Davidson, defendant returned, took a pistol from Thompson, and shot Davidson in the neck. Thus, all of the evidence tended to show premeditation and deliberation, and there was no conflicting evidence. This assignment of error is overruled.

By another assignment of error, defendant contends that the trial court abused its discretion by denying his motion for individual voir dire of prospective jurors. The granting of a motion for individual voir dire lies in the sound discretion of the trial court, and the trial court’s decision will not be reversed on appeal without a showing of an abuse of discretion. State v. Burke, 342 N.C. 113, 122, 463 S.E.2d 212, 218 (1995). In this case, defendant has not argued or shown that the trial court abused its discretion in not allowing individual voir dire. Defendant simply argues in his brief that individual voir dire is necessary because potential jurors could well be tainted by hearing the responses of others on the sensitive areas dealing with death-qualification. A defendant does not have a right to examine jurors individually merely because the case is being tried capitally. State v. Short, 322 N.C. 783, 370 S.E.2d 351 (1988).

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State v. Walker
469 S.E.2d 919 (Supreme Court of North Carolina, 1996)

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Bluebook (online)
469 S.E.2d 919, 343 N.C. 216, 1996 N.C. LEXIS 259, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-walker-nc-1996.