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North Carolina v. Robinson10/3/1991
xplanations. Although it is not necessary for the defendant to offer such rebuttal evidence in order
to prevail, we are unable, given the great deference owed the trial court in this type of challenge, to find the district attorney's nonracial explanations to be pretext. The defendant's Batson challenge is therefore denied.
III.
GUILT-INNOCENCE PHASE
In defendant's next argument, he contends that the trial court committed prejudicial error by conducting motion hearings, legal arguments, Batson hearings, and other proceedings in his absence contrary to his unwaivable right of personal presence. Defendant contends that the trial court conducted approximately 110 separate proceedings in his absence during the trial. Defendant argues that it is well settled that an accused cannot waive his right to be present at every stage of his trial upon indictment charging him with a capital felony, and defendant cites State v. Smith, 326 N.C. 792, 392 S.E.2d 362 (1990), to support his argument. Defendant also argues that to conduct any portion of a capital trial in the defendant's absence constitutes error of constitutional magnitude and constitutes prejudicial error.
The present case can be distinguished from Smith, because in the instant case, defendant's counsel was a part of each of the proceedings conducted out of defendant's presence. Also, unlike Smith, here the court reporter here recorded and transcribed all of the conferences. Thus, this Court can review the transcript to determine whether any error was prejudicial. Nevertheless, as we stated in State v. Brogden, 329 N.C. 534, 407 S.E.2d 158 (1991):
Article I, section 23 of the North Carolina Constitution guarantees a criminal defendant the right to be present at every stage of his trial. State v. Huff, 325 N.C. 1, 381 S.E.2d 635 (1989), judgment vacated on other grounds, U.S. , 111 L. Ed. 2d 777 (1990). Our state Constitution provides a broader right than the federal Constitution and mandates that a defendant's presence cannot be waived. See State v. Payne, 328 N.C. 377, 402 S.E.2d 582 (1991).
However, error caused by the absence of the defendant at some portion of his capital trial does not require automatic reversal. This Court has adopted the "harmless error" analysis in cases where a defendant is absent during a portion of his capital trial. State v. Huff, 325 N.C. 1, 381 S.E.2d 635. The
State has the burden of establishing that the error was harmless beyond a reasonable doubt. Id.; State v. Payne, 328 N.C. 377, 402 S.E.2d 582.
329 N.C. at 541, 407 S.E.2d at . After careful review of the record, we conclude that the State has met its burden by showing that defendant's absence from the conferences in this case was harmless beyond a reasonable doubt.
All but six of the conferences complained of by defendant were bench conferences at which all five counsel conferred with the judge while the conferences were being recorded by the court reporter. The six proceedings which were not bench conferences involved the Batson issue during jury selection. The court reporter was present at all times and recorded and transcribed the complete proceedings. The subjects of the conferences and discussions were either points of law, procedural matters, or administrative matters. None involved communication with the jur
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