State v. Wilds

515 S.E.2d 466, 133 N.C. App. 195, 1999 N.C. App. LEXIS 403
CourtCourt of Appeals of North Carolina
DecidedMay 18, 1999
DocketCOA98-797
StatusPublished
Cited by16 cases

This text of 515 S.E.2d 466 (State v. Wilds) 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. Wilds, 515 S.E.2d 466, 133 N.C. App. 195, 1999 N.C. App. LEXIS 403 (N.C. Ct. App. 1999).

Opinions

EAGLES, Chief Judge.

We first determine whether the trial court abused its discretion when it denied defendant’s request for a pre-trial, so-called Watson hearing to determine whether the evidence was sufficient for the case to proceed to trial as a capital case. See State v. Watson, 310 N.C. 384, 312 S.E.2d 448 (1984). The trial court refused to hold a pre-trial hearing on the basis that “premature evidence might come out during the case itself to support an aggravating factor that was not brought out at the Watson hearing.” Defendant contends that the trial court abused its discretion by failing to offer a “sustainable reason for denying the defendant’s motion.” Defendant further contends that the trial court’s failure to conduct a Watson hearing resulted in a trial of defendant before a death-qualified jury in violation of his constitutional right to be tried by a fair and impartial jury.

Defendant’s argument fails. Defendant bases his argument for a pre-trial hearing on State v. Watson, 310 N.C. 384, 312 S.E.2d 448 (1984). In Watson, the trial court held a pre-trial hearing to determine whether there was sufficient evidence to support the submission of an aggravating factor to the jury. Id. at 388, 312 S.E.2d at 452. The Watson Court “commend[ed]” the procedure for “its judicial economy and administrative efficiency.” Id. However, it is clearly within the broad discretion of the trial court to hold a pre-trial hearing, and the trial court did not abuse its discretion here. Furthermore, our courts have uniformly rejected the argument that “death-qualifying” a jury [199]*199deprives a defendant of his constitutional right to a free trial. See, e.g., State v. Young, 312 N.C. 669, 686, 325 S.E.2d 181, 191 (1985). Finally, we note that, although the trial was held before a “death-qualified” jury, the jury found that mitigating circumstances outweighed the aggravating circumstances and recommended a life sentence rather than death. Accordingly, defendant has failed to show that he was prejudiced in any way by the trial court’s refusal to hold a Watson hearing. Defendant’s assignment of error is overruled.

Defendant next contends that the evidence was insufficient to support a first-degree murder conviction. Defendant contends that “other than unreliable and inadmissible hearsay, no evidence was presented to indicate that the defendant had at any time formed the specific intent to kill his wife or that he did so in a cool state of mind in furtherance of any plan or design. The defendant’s evidence . . . tended to show that the victim initiated the violent conduct ... by being the first to pick up a knife.” We disagree. “First-degree murder is the unlawful killing of a human being with malice, premeditation and deliberation.” State v. Misenheimer, 304 N.C. 108, 113, 282 S.E.2d 791, 795 (1981). “Malice,” which can be express or implied, is not necessarily “hatred or ill will,” but rather “is an intentional taking of the life of another without just cause, excuse or justification.” State v. Robbins, 309 N.C. 771, 775, 309 S.E.2d 188, 190 (1983). “Premeditation” occurs when the defendant forms the specific intent to kill some period of time, however short, before the actual killing. State v. Weathers, 339 N.C. 441, 451, 451 S.E.2d 266, 271 (1994). “Deliberation” is when the intent to kill is formed while the defendant is in a cool state of blood rather than under the influence of a violent passion suddenly aroused by sufficient provocation. Id. at 451, 451 S.E.2d at 271-72.

In order for the trial court to submit a charge of first degree murder to the jury, there must have been substantial evidence presented from which a jury could determine that the defendant intentionally [] killed the victim with malice, premeditation and deliberation. “Substantial evidence” is that amount of relevant evidence that a reasonable mind might accept as sufficient to support a conclusion. In ruling upon defendant’s motion to dismiss on the grounds of insufficient evidence, the trial court is required to interpret the evidence in the light most favorable to the State, drawing all reasonable inferences in the State’s favor.

State v. Corn, 303 N.C. 293, 296-97, 278 S.E.2d 221, 223 (1981) (citations omitted). Because premeditation and deliberation ordinarily are [200]*200not susceptible of proof by direct evidence, the State generally must establish them by circumstantial evidence. Weathers, 339 N.C. at 451, 451 S.E.2d at 271. Examples of circumstances that may raise an inference of premeditation and deliberation include (1) “conduct and statements of the defendant before and after the killing,” (2) “threats made against the victim by the defendant, ill will or previous difficulty between the parties,” and (3) “evidence that the killing was done in a brutal manner.” State v. Bullard, 312 N.C. 129, 161, 322 S.E.2d 370, 388 (1984).

Here, the State presented testimony by defendant’s daughter China Wilds that on the morning of the killing defendant seemed “pretty angry” and “got up and went over there and got the knife while [Tonya] was looking down ironing her clothes and that was when he put [the knife] behind his back.” China further testified that defendant then “put [the knife] around [Tonya’s] neck and then pushed her down on the floor.” China testified that the struggle moved to the living room, where [defendant] “was over there stabbing her.” China further testified that Tonya did not pick up a knife or otherwise attack defendant before he began stabbing her. Furthermore, the State also introduced into evidence the 911 call that China Wilds made, in which she told dispatchers that “Curtis Wilds is trying to kill Tonya Wilds.”

At trial, forensic pathologist John D. Butts, M.D., testified that when he performed an autopsy on Tonya’s body, he found “a number of stab cutting injuries present on her body” that were “centered mostly around the face and neck region, [and] she had cuts on her hands, both hands, as well as a few minor cuts and scratches on her right upper arm.” Dr. Butts described the wounds on Tonya’s hands as “defensive wounds.”

The State also introduced testimony by witnesses stating that defendant had threatened to kill Tonya in the weeks before he killed her. Tonya’s sister Candi Crawford testified that in the two weeks before Tonya’s death, defendant told Candi twice that “[s]omebody has to die.” Furthermore, Tonya’s mother, Joan Crawford, testified that defendant told her the week before Tonya died that Tonya would end up like another woman who had been murdered by her spouse two months earlier.

After careful review of the record and viewing the evidence in the light most favorable to the State and allowing the State every reasonable inference, we conclude that the State offered substantial evidence from which the jury could determine that the defendant inten[201]*201tionally killed Tonya with malice, premeditation, and deliberation. This assignment of error is overruled.

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State v. Wilds
515 S.E.2d 466 (Court of Appeals of North Carolina, 1999)

Cite This Page — Counsel Stack

Bluebook (online)
515 S.E.2d 466, 133 N.C. App. 195, 1999 N.C. App. LEXIS 403, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-wilds-ncctapp-1999.