State v. Gaines4/11/1997
Ohio, 392 U.S. 1, 19 n.16, 20 L. Ed. 2d 889, 905 n.16, 88 S. Ct. 1868 (1968). Whether someone has been seized for purposes of the Fourth Amendment depends on whether "in view of all of the circumstances surrounding the incident, a reasonable person would have believed that he was not free to leave." United States v. Mendenhall, 446 U.S. 544, 554, 64 L. Ed. 2d 497, 509, 100 S. Ct. 1870 (1980); State v. Johnson, 317 N.C. 343, 360, 346 S.E.2d 596, 606 (1986). Defendant argues that, under the circumstances of the instant case, a reasonable person would not have believed he was free to leave. For the reasons stated above, we conclude that defendant Harris was not improperly seized. This assignment of error is overruled.
Defendant Gaines further contends that Judge Ferrell erred in allowing the admission of his pretrial statements when the statements were "involuntary, unknowing, unintelligent, and obtained in violation of the Fifth and Fourteenth Amendments the United States Constitution and Article I, Section 23 of the North Carolina Constitution." In determining whether a defendant's confession is voluntarily made, this Court considers the totality of the circumstances. State v. Hardy, 339 N.C. 207, 222, 451 S.E.2d 600, 608 (1994). In Hardy this Court set out factors to be considered in this inquiry:
whether defendant was in custody, whether he was deceived, whether his Miranda rights were honored, whether he was held incommunicado, the length of the interrogation, whether there were physical threats or shows of violence, whether promises were made to obtain the confession, the familiarity of the declarant with the criminal Justice system, and the mental condition of the declarant.
Id. at 222, 451 S.E.2d at 608. Defendant's age and the deprivation of food or sleep may also be considered. Id.
Judge Ferrell found in his Conclusions of law that defendant voluntarily complied with Buening's request to leave his residence and go with the investigator and that defendant's statements were voluntarily given. These Conclusions are supported by the findings of fact which were supported by the evidence in the record. Defendant was never taken into custody; defendant voluntarily agreed to accompany police officers to the police station; defendant was never searched, handcuffed, restrained, or threatened by police officers; defendant was left unattended at various times; and defendant was provided with food, drink, and access to rest room facilities. Furthermore, defendant was familiar with the criminal Justice system. Looking at the totality of the circumstances in this case, Judge Ferrell correctly concluded that Gaines' statements were made voluntarily. Thus, this assignment of error is overruled.
Defendants next contend the trial court erroneously allowed Dr. Francis Robicsek, the surgeon who treated the victim, to testify that the pain from the victim's wounds "must have been excessive." Defendants contend Dr. Robicsek's testimony was not relevant and not admissible under N.C.G.S. § 8C-1, Rules 401 and 402. Defendants argue that the details of the victim's injuries and pain "were intentionally elicited by the prosecutor in an attempt to create sympathy for Griffin and to excite prejudice against defendants" and that any alleged probative value of this evidence was substantially outweighed by the danger of unfair prejudice. See N.C.G.S. § 8C-1, Rule 403 (1988).
The State's evidence at trial showed that the victim was shot one time in the chest with a shotgun. Dr. Robicsek testified, without objection, that the victim had an extensive wound on the upper abdomen and was bleeding profusely from that wound, that there were major injuries in the lower port
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 North Carolina DUI Attorneys
DUI Lawyers
|