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North Carolina v. McKoy9/7/1988
ained intoxicated, he had become more coherent by 7:20 p.m., the last time Perry saw him. In Perry's opinion, defendant would have become more coherent still by 8:30 p.m. At 8:15 p.m., Perry released defendant into the custody of S.B.I. Agent Carl Jackson for delivery to Central Prison in Raleigh.
Jackson and two deputy sheriffs placed defendant in a van and drove him to the sheriff's department, where warrants were served on him. They then drove toward Raleigh. When defendant complained that he was thirsty, the officers purchased two soft drinks, which defendant consumed. Jackson read defendant his rights, and defendant orally agreed to waive them. Defendant refused to sign a written waiver because his head injury prevented him from seeing the waiver form. Defendant made several statements during the trip admitting that he killed Deputy Horne because Horne "pressured" him.
Guilt Phase
Defendant contends that the jury's verdict of guilt, and its conclusion that death is the appropriate punishment, are "fatally undermined" by the fact that both the trial court and the prosecutor informed the jury that the trial was subject to appellate review. The factual basis of the argument is as follows:
First, at the outset of the trial the court identified the court reporter to the jurors and explained:
The lady right down here in front of me in the blue dress is Melody Courtney. She's a court reporter. She will be taking down everything that's said or done during the trial so that everything is a matter of public record and then she can type up a transcript of a trial and they mail it down to the Supreme Court and the Supreme Court can review what we're doing up here in Stanly County.
Defendant did not object to this statement, and the court continued its general explanation of the duties of various court personnel.
Second, in his closing guilt-phase argument, the prosecutor stated the following:
And you may say, well, what is our role? Now, the Judge will tell you what your role as a trial juror happens to be. As we understand your role, you are the finders of fact, simply that. You don't decide what the law is. You don't interpret the law. The law is given to you by the Judge and he tells you what the meaning of that law is, and he will tell you how you -- he will tell you how to apply that law which he gives to you to the facts that you have found from the sworn testimony.
The jury is simply a fact -- a body that finds facts. That's all you're here for. There is no appeal in your finding of facts. There is a right of appeal to any interpretation of laws and application of laws which are present in this case. The defendant, if convicted, as we say he certainly should be from the evidence and under the law, he can appeal on points of law, --
Mr. Stokes: Objection.
Mr. Lowder: -- questions of law, --
The Court: Overruled.
Mr. Lowder: -- but he cannot appeal from your findings of fact.
The legal basis of defendant's argument is grounded, essentially, in this Court's decisions in State v. White, 286 N.C. 395, 211 S.E.2d 445 (1975), and State v. Jones, 296 N.C. 495, 251 S.E.2d 425 (1979), and in the United States Supreme Court's decision in Caldwell v. Mississippi, 472 U.S. 320, 86 L. Ed. 2d 231 (1985). The pertinent aspects of these cases are as follows:
In White, the prosecutor argued:
" ou will answer the question whether this defendant is guilty of first degree murder. If found guilty, he gets an automatic appeal to the
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