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North Carolina v. Robinson10/3/1991
dence that on 11 March 1983, defendant was convicted of robbery with a dangerous weapon in Maryland. The Maryland Court sentenced defendant to ten years in prison, with credit given for 291 days in pretrial confinement and the balance of the active sentence suspended subject to certain conditions.
Defendant offered evidence during the sentencing proceeding which tended to show that as a child his father had beaten him severely with extension cords, belts, and switches. Defendant's sister testified that their father would beat defendant for no reason when their father had been drinking. Defendant's sister also testified that at various times during defendant's adolescence, their parents would be unable to pay for the rent on the family's residence, and on such occasions, their parents would take their daughters with them, and they would leave defendant and his brother
to find their own place to stay. Dr. Sciara testified that defendant's school records indicated that he only completed the seventh grade.
Defendant offered additional evidence during his sentencing proceeding which tended to show that he is married and has two children. Defendant's sister testified that defendant was a good father and never exercised any violence toward his children. There was evidence that defendant's brother died a violent death which caused defendant to isolate himself from others. There was also evidence that defendant's father is a double amputee and has become mentally incompetent. Defendant's wife testified that defendant has a drug problem, and his drug addiction costs approximately $1,500 per week.
Additional evidence relevant to defendant's specific arguments will be discussed in this opinion as necessary for an understanding of the twenty-seven issues raised by defendant. We will address the issues raised in four categories: I. pretrial motions; II. jury selection; III. guilt-innocence phase; and IV. sentencing phase.
I.
PRETRIAL MOTIONS
The first question we address is whether the trial court committed reversible error by denying defendant's request for the removal of his initial court-appointed counsel predicated upon irreconcilable differences between defendant and his attorneys on the grounds that the trial court's refusal constituted an abuse of discretion and deprived defendant of his right to effective assistance of counsel. We conclude that the trial court did not err.
Defendant was charged with first-degree murder and robbery with a dangerous weapon, and the grand jury returned bills of indictment on 17 March 1986. On 6 April 1987, the grand jury returned a bill of indictment against defendant for assault with a deadly weapon with intent to kill inflicting serious injury. Robert S. Boyan and James M. Green, Jr., were appointed to represent defendant. However, on 26 March 1987, Boyan and Green filed a motion for withdrawal by defense counsel, citing as the basis for this request "that at said time it [has become] readily apparent to counsel that defendant [does] not trust either or both of his appointed counsel; that defendant refused to cooperate in the preparation of his defense; and that, defendant was adamant that counsel not represent him at trial." On 31 March 1987, a hearing was
held before Judge DeRamus who denied Boyd's and Green's motion to withdraw. On 2 April 1987, Judge DeRamus entered an order appointing Avis Goodson as additional counsel for defendant.
Defendant contends that he did not trust his initial court-appointed attorneys and he therefore refused to cooperate with them. Defendant insists that his inability to trust Boyan and Green stemmed from their decisio
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