State v. White

471 S.E.2d 593, 343 N.C. 378, 1996 N.C. LEXIS 326
CourtSupreme Court of North Carolina
DecidedJune 13, 1996
Docket94A94
StatusPublished
Cited by21 cases

This text of 471 S.E.2d 593 (State v. White) 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. White, 471 S.E.2d 593, 343 N.C. 378, 1996 N.C. LEXIS 326 (N.C. 1996).

Opinions

[384]*384ORR, Justice.

Defendant was indicted for the murder and first-degree kidnapping of Kimberly Ewing as well as for larceny of an automobile, robbery with a dangerous weapon, and second-degree burglary. Defendant was originally capitally tried at the 17 August 1990 Criminal Session of Superior Court, Mecklenburg County, and was found guilty of all charges. In accordance with the jury’s recommendation, the trial court sentenced defendant to death for the murder of Ewing. On 25 June 1992, this Court reversed defendant’s convictions and remanded the case to Mecklenburg County for a new trial. State v. White, 331 N.C. 604, 419 S.E.2d 557 (1992).

Defendant was again tried capitally and was found guilty of first-degree murder on the theories of premeditation and deliberation and of lying in wait. Defendant was also convicted again of first-degree kidnapping, larceny of an automobile, robbery with a dangerous weapon, and second-degree burglary on the basis of intent to commit larceny. In accordance with the jury’s recommendation, the trial court sentenced defendant to death for the murder of Ewing and imposed consecutive forty-year sentences of imprisonment for first-degree kidnapping, robbery with a dangerous weapon, and second-degree burglary, as well as a consecutive ten-year sentence of imprisonment for felonious larceny of an automobile.

The evidence presented at trial tended to show that defendant had known Ewing for about two weeks prior to her death. They met through Ewing’s roommate, Wendy Gibson, whom defendant had recently met at a bar. Defendant often visited Gibson at Ewing’s home.

On the night of Friday, 5 May 1989, defendant and Ewing went to a party with some friends. At the party, Ewing became upset with defendant for handing some syringes to one of her friends who had a drug problem. Defendant left the party and went to see Gibson at the Waffle House, where she worked. Ewing also went to the Waffle House and again argued with defendant about the syringes. They eventually stopped arguing, and when Gibson got off work, the three went to Ewing’s home. Gibson and Ewing went to their respective bedrooms, and defendant slept on the couch.

The next day, defendant and Ewing again argued, but ultimately seemed to resolve the dispute. The three went to several bars that afternoon and returned to Ewing’s home that evening. Around 10:00 p.m., the three left Ewing’s home. Ewing took defendant to a conve[385]*385nience store near her home, and then she drove Gibson to the Waffle House for work. Ewing ate dinner at the Waffle House, then left between 11:30 p.m. and midnight to return home.

At around 11:00 p.m., defendant took a taxi cab from the convenience store to the road where Ewing’s house was located. Defendant told the cab driver that he was upset with his girlfriend, who had left him and had taken everything, and he was going to “kick ass” and kill her. When defendant got out of the cab, he told the driver that he was going to steal her VCR and sell it for drugs to pay for the cab ride. The driver declined the offer and drove away.

Defendant drove Ewing’s car to a friend’s house early Sunday morning. He exchanged Ewing’s microwave, stereo, speakers, and some jewelry for drugs. He also gave away some of Ewing’s clothing. Defendant said that he had argued with his girlfriend and had taken the things that he had bought her. He later drove away in Ewing’s car.

Gibson returned home Sunday morning. She discovered that Ewing’s car, stereo, television, VCR, and microwave were missing. She then found Ewing dead in her bedroom. Ewing was naked and covered in blood, and her hands were tied behind her back with an electrical cord. Ewing had been cut and stabbed in the neck and beaten over the head with a blunt object. A fireplace shovel was found in her bedroom, and a paring knife was missing from the house.

On 16 May 1989, defendant was arrested in Florida. In a statement to police, defendant said he “got messed up on some drugs” one night and killed his girlfriend’s roommate when she came home. He said he took a cab to Ewing’s house, climbed in a window, and waited for her. When she arrived, he tied her hands behind her back. He then hit her in the head with a fireplace shovel and cut and stabbed her with a paring knife, killing her. He took the victim’s money and some of her possessions, traded them for cocaine, and drove her car to Florida.

Although defendant admitted that he killed Ewing, he contended that he committed a lesser degree of homicide because he never intended to kill her and because the killing occurred during an altercation between defendant and the victim while he was under the influence of alcohol and cocaine.

I.

Defendant first contends that the trial court erred in excusing for cause prospective juror Michael Culbreth and in failing to give the [386]*386defense an opportunity to rehabilitate him. The court excused Culbreth after he expressed reservations about imposing the death penalty based on his religious beliefs about the sanctity of life. Defendant has shown neither an abuse of discretion nor prejudice, both of which are required to establish reversible error relating to voir dire. See, e.g., State v. Miller, 339 N.C. 663, 678, 455 S.E.2d 137, 145, cert. denied, — U.S. —, 133 L. Ed. 2d 169 (1995).

Defendant first argues that the questions posed to Culbreth incorrectly stated the law because they suggested that Culbreth would be required to set aside his religious scruples in making a decision as to the appropriate punishment. After Culbreth had indicated that his religious scruples would impair him from imposing the death penalty, the prosecutor asked him, “if [the court] tells you that you should put aside your feelings of that nature and make your decision based solely on the evidence and the law, do you feel that your beliefs, based on your religion, would prevent or substantially impair the performance of your duty regardless of the instructions of the Court?” Defendant claims that this question was improper because it misstated the law.

Defendant correctly notes that a juror may not be required “to leave [his] religious scruples outside the jury room during deliberations, except to the extent that the juror is, because of those religious beliefs, unable to follow the law.” However, if a juror’s responses reveal that he does not believe in the death penalty, the juror must be able to state clearly that he is willing to temporarily set aside his own beliefs in deference to the rule of law. State v. Brogden, 334 N.C. 39, 43, 430 S.E.2d 905, 907-08 (1993). Because Culbreth had already indicated that his religious beliefs would impair him from imposing the death penalty, the question at issue was appropriate. The question was fairly worded to elicit a clear statement from Culbreth of whether he could temporarily set aside those religious beliefs that prevented him from following the law. Therefore, when viewed in the context of the entire voir dire of Culbreth, the question was proper under State v. Brogden and Lockhart v. McCree.

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State v. White
471 S.E.2d 593 (Supreme Court of North Carolina, 1996)

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Bluebook (online)
471 S.E.2d 593, 343 N.C. 378, 1996 N.C. LEXIS 326, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-white-nc-1996.