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North Carolina v. Robinson10/3/1991
n to have him sent to Dorothea Dix Hospital (Dorothea Dix) for a forensic examination without his consent. Defendant argues that he objected to his initial trial counsel having him sent to Dorothea Dix for a forensic evaluation because the procedure involved an interference with his personal autonomy, which is similar to an interference with a criminal defendant's basic right to determine his own plea, or whether to testify; therefore, his complaint was completely legitimate. Defendant cites State v. Harbison, 315 N.C. 175, 337 S.E.2d 504 (1985), cert. denied, 476 U.S. 1123, 90 L. Ed. 2d 672 (1986), for this proposition. Defendant further contends that his attorneys violated his right to effective assistance of counsel. According to defendant, the resulting breakdown in communication was equally legitimate and constituted good cause for allowing Boyan and Green to withdraw; thus, the trial judge who refused to replace them under these circumstances abused his discretion.
The State contends that the tactical decision in the present case to obtain an order compelling defendant to submit to a forensic examination against his wishes well in advance of trial does not rise to the level of a fundamental conflict involving defendant's basic rights. We agree.
The appellate courts of this State have recognized four types of fundamental conflicts between attorney and client which include: counsel representing both co-defendants at trial, State v. Leggett, 61 N.C. App. 295, 300 S.E.2d 823 (1983); counsel attempting to prohibit defendant from testifying, State v. Luker, 65 N.C. App. 644, 310 S.E.2d 63 (1983), rev'd on other grounds, 311 N.C. 301, 316 S.E.2d 309 (1984); conflict over what plea to enter, State v. Johnson, 304 N.C. 680, 285 S.E.2d 792 (1982); and counsel conceding defendant's guilt, State v. Harbison, 315 N.C. 175, 337 S.E.2d 504, cert. denied, 476 U.S. 1123, 90 L. Ed. 2d 672. None of these fundamental conflicts exist in this case.
In the present case, defendant has not shown ineffective assistance of counsel at trial or any impediment to the presentation
of his defense caused by the forensic examination. Also, defendant was provided additional counsel, and defendant concedes that he was satisfied with Ms. Goodson as his counsel. Defendant has failed to show any prejudice to himself by the trial court's pretrial denial of Boyd's and Green's motion to withdraw. "In the absence of any substantial reason for the appointment of replacement counsel, an indigent must accept counsel appointed by the court, unless he wishes to present his own defense." State v. Hutchins, 303 N.C. 321, 335, 279 S.E.2d 788, 797 (1981). We therefore reject defendant's contention that the trial court committed prejudicial error by refusing to allow his appointed counsel to withdraw.
II.
JURY SELECTION
Defendant contends that the trial court erred by restricting his questions to prospective jurors during voir dire with respect to jurors' feelings about racial prejudice. Defendant contends that his trial counsel attempted to engage in an in-depth voir dire examination of prospective jurors concerning racial bias, and that this effort was understandable in light of the interracial nature of the crime.
The trial court allowed defendant to question prospective jurors as t
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