State v. Gaines4/11/1997
the victim was also properly admitted. "'Photographs are usually competent to be used by a witness to explain or illustrate anything that it is competent for him to describe in words.'" State v. Holden, 321 N.C. 125, 140, 362 S.E.2d 513, 524 (1987) (quoting State v. Watson, 310 N.C. 384, 397, 312 S.E.2d 448, 457 (1984)), cert. denied, 486 U.S. 1061, 100 L. Ed. 2d 935 (1988). When determining the admissibility of a photograph, the trial court should consider "what a photograph depicts, its level of detail and scale, whether it is color or black and white, a slide or a print, where and how it is projected or presented, the scope and clarity of the testimony it accompanies." Hennis, 323 N.C. at 285, 372 S.E.2d at 527.
In the present case the photograph was used for illustrative purposes during Hilda Griffin's testimony to describe her husband while alive. The admission of one photograph depicting Officer Griffin while he was alive was not error. See State v. Bell, 338 N.C. 363, 450 S.E.2d 710 (1994) (admission of photograph of victim dressed in police uniform taken prior to the murder properly admitted), cert. denied, 515 U.S. 1163, 132 L. Ed. 2d 861 (1995). Based on our review of this evidence, we conclude that the trial court did not commit error by admitting this photograph. Defendants having failed to show error, much less plain error, this assignment of error is overruled.
Both defendants request that this Court examine certain sealed police records and that it order a new trial if the records contain relevant and impeaching evidence. Prior to trial defendants moved for the disclosure of information in the Internal Affairs file and personnel file of the victim. After a hearing on 12 April 1993, Superior Court Judge Ferrell ordered the production of these files for his in camera inspection. On 7 July 1993 Judge Ferrell issued an order concluding that the files contained no information to which the defendants were entitled. After a careful review of the files, we conclude that they contain no information relevant to any material fact in this case and that the trial court did not err in its ruling.
Defendants next argue that the trial court erred in allowing the prosecutor's peremptory challenges to seven black prospective jurors: George Lineberger, Pamela O'Rear, Mildred Houston , Reginald Alexander, Lisa Marshall, Robert Watkins, and Michael Caldwell. Defendant Gaines filed a pretrial motion requesting that the trial court enter a ruling prohibiting the State from exercising its peremptory challenges so as to excuse any prospective juror solely on account of his race. Defendant Harris later joined in this motion, and the motion was allowed.
The Equal Protection Clause of the Fourteenth Amendment to the United States Constitution and Article I, Section 26 of the North Carolina Constitution forbid the use of peremptory challenges for a racially discriminatory purpose. Batson v. Kentucky, 476 U.S. 79, 86, 90 L. Ed. 2d 69, 80, 106 S. Ct. 1712 (1986); State v. Williams, 339 N.C. 1, 15, 452 S.E.2d 245, 254 (1994), cert. denied, 516 U.S. 833, 133 L. Ed. 2d 61 (1995).
When an objection is made to the exercise of a peremptory challenge on the ground that the challenge is racially motivated, the defendant must first "make a prima facie showing that the prosecutor has exercised peremptory challenges on the basis of race." Hernandez v. New York, 500 U.S. 352, 358, 114 L. Ed. 2d 395, 405, 111 S. Ct. 1859 (1991). If the requisite showing has been made, the burden shifts to the prosecutor to articulate a race-neutral explanation for striking the juror in question. 500 U.S. at 358-59, 114 L. Ed. 2d at 405. This Court then permits the defendant to introduce evidence that
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