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North Carolina v. McLaughlin9/7/1988
to impose a life sentence after the jury had deliberated for seven hours. He argues that the time period was sufficient to indicate that the jury was unable to reach a unanimous decision as to the death penalty and that the trial court should have declared a mistrial and imposed a life sentence pursuant to N.C.G.S. § 15A-2000(b). We are unable to agree with defendant's argument. In State v. Johnson, 298 N.C. 355, 370, 259 S.E.2d 752, 762 (1979), we held that what constitutes a reasonable time for jury deliberation in the sentencing phase of a capital trial is a matter within the trial court's discretion. We have noted also that some cases may involve varying numbers of aggravating and mitigating factors which the jury must consider. State v. Kirkley, 308 N.C. 196, 302 S.E.2d 144 (1983). In Kirkley, we held that a deliberation period of seven and one half hours was reasonable where there were two separate cases, each with one aggravating factor and fourteen mitigating factors. Defendant's jury
was considering three separate cases. The murder of James Worley required consideration of two aggravating and six mitigating factors; the murder of Denise Worley, four aggravating and six mitigating factors; and the murder of Psoma Baggett, three aggravating and six mitigating factors. Under these circumstances, we cannot say that the trial court abused its discretion in refusing to declare a mistrial and impose a life sentence. Defendant goes on to contend in a later section of his brief that in addition to the lengthy deliberation, the jury's obvious confusion and lack of unanimity with regard to certain issues were sufficient to warrant a mistrial. This argument is without merit. The transcript reveals that defendant had at that point of the trial made a motion, not for a mistrial, but for imposition of life sentences by the trial court in the cases of Denise Worley and Psoma Baggett. Since the jury imposed life sentences in both cases, defendant has suffered no prejudice.
Defendant presents another ground upon which he asserts that his motion for mistrial should have been granted. After the jury had completed its task in the guilt-innocence phase and had begun deliberating in the sentencing phase of defendant's trial, the foreman asked the trial court several questions about the acting in concert theory. The foreman stated that he did not know what acting in concert meant and asked for an explanation. The trial judge replied that he would be happy to explain the concept after the jury had completed deliberation on defendant's punishment. Defendant contends that the foreman's remark demonstrates that he had applied a legal theory that he did not understand in determining defendant's guilt or innocence. The State, on the other hand, contends that the foreman's questions about acting in concert related to a concern about imposing the death sentence on defendant under circumstances where his cohort Robinson may have been the principal actor. Since the jury decided that defendant should receive life imprisonment rather than the death penalty for the murders of Denise Worley and Psoma Baggett, the State argues that any confusion on the foreman's part inured to defendant's benefit rather than to his detriment. Although the transcript is not clear on this point, we agree that defendant was not prejudiced. The trial court had ample evidence before it to warrant the acting in concert instruction to the
jury and its instruction on the concept was proper in all respects. We therefore overrule this assignment of error.
In a further assignment of error, defendant contends that the t
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 North Carolina DUI Attorneys
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