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North Carolina v. McKoy9/7/1988
a rights, he had a blood alcohol level of .28; waiver held voluntary). Rather, defendant's intoxication was relevant to his credibility, which was a question for the jury. State v. McClure, 280 N.C. at 290-91, 185 S.E.2d at 695 (citing State v. Logner, 266 N.C. 238, 145 S.E.2d 867, cert. denied, 384 U.S. 1013, 16 L. Ed. 2d 1032 (1966)).
While important, subnormal mentality -- standing alone -- will not render a confession inadmissible. State v. Taylor, 290 N.C. 220, 231, 226 S.E.2d 23, 29 (1976) (citing State v. Thompson, 287 N.C. 303, 318, 214 S.E.2d 742, 752 (1975), modified as to death penalty, 428 U.S. 908, 49 L. Ed. 2d 1213 (1976)). If a person has the mental capacity to testify and to understand the meaning of his statements, he has sufficient mental capacity to make a voluntary confession. Id.
Rollins testified that defendant's I.Q. placed him in the borderline range of intellectual functioning; however, there was no testimony that defendant did not have sufficient intelligence to understand the meaning of his words. Moreover, Perry reported that after defendant received fluids he responded coherently to questions. Defendant spoke rationally during his extensive conversation with the officers. He held a job prior to the shooting, and his supervisor described him as a good worker. He also had sufficient mental capacity to testify at trial. The evidence thus permitted a conclusion that defendant had sufficient mental capacity to waive his rights and voluntarily confess.
Rollins testified that defendant's mental disorders would prevent him from making a truly voluntary confession. However,
Jackson had ample opportunity to observe defendant at the time the waiver and statements were made, and he gave substantial testimony indicating that defendant was able to comprehend the discussion. When a non-expert has had a reasonable opportunity to observe a defendant and to form an opinion based on such observation, he may testify as to his opinion of the defendant's mental condition. State v. Taylor, 290 N.C. at 232, 226 S.E.2d at 30. The evidence thus did not preclude a conclusion that defendant's mental disorders did not prevent his making a voluntary confession.
The evidence did not indicate that defendant's blindness or injuries at the time of his confession had any bearing on the voluntariness of his waiver and statement. They were not shown to have precluded understanding or a free exercise of the will. Cf. State v. White, 291 N.C. 118, 123, 229 S.E.2d 152, 155 (1976) ("Illiteracy does not preclude understanding or a free exercise of the will.").
Finally, we note the absence of circumstances that we have often emphasized in our consideration of voluntariness:
[Defendant] was not deceived or tricked about the nature of the crime involved or the possible punishment. . . . He was not subjected to prolonged uninterrupted interrogation. He was not subjected to physical threats or shows of violence. No promises were made to him in return for his confession.
State v. Jackson, 308 N.C. at 582, 304 S.E.2d at 152-53 (citations omitted). The absence of these circumstances supports the conclusion that the waiver and statements were made voluntarily. See Colorado v. Connelly, 479 U.S. 157, 93 L. Ed. 2d 473.
For the foregoing reasons, af
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