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State v. Davis12/21/2000
t or even long-term relationship with an appropriate male role model" and on three statutory mitigating circumstances: (f)(1), " he Defendant has no significant history of prior criminal activity"; (f)(2), " he murder was committed while the Defendant was under the influence of mental or emotional disturbance"; and (f)(6), " he capacity of the Defendant to appreciate the criminality of his conduct or to conform his conduct to requirements of law was impaired." We disagree.
"A defendant is entitled to a peremptory instruction when a mitigating circumstance is supported by uncontroverted evidence." State v. White, 349 N.C. 535, 568, 508 S.E.2d 253, 274 (1998), cert. denied, 527 U.S. 1026, 144 L. Ed. 2d 779 (1999). "`Conversely, a defendant is not entitled to a peremptory instruction when the evidence supporting a mitigating circumstance is controverted.'" Id. (quoting State v. Womble, 343 N.C. 667, 683, 473 S.E.2d 291, 300 (1996), cert. denied, 519 U.S. 1095, 136 L. Ed. 2d 719 (1997)).
Defendant contends that the evidence was uncontroverted that he had no appropriate male role model in his life. However, there was evidence that defendant spent substantial time in the custody of his grandparents. Furthermore, there were male teachers and male coaches who testified on defendant's behalf and indicated extensive interactions with defendant during his life.
Defendant also contends that the evidence was uncontroverted that he had no significant history of prior criminal activity. However, the State presented evidence tending to show that defendant used and sold drugs, assaulted his girlfriend, gambled, and stole money.
Defendant further contends that the evidence was uncontroverted that the murders were committed while he was under the influence of mental or emotional disturbance and that his capacity was impaired. Defendant's expert, Dr. Noble, testified that defendant was under the influence of a mental or emotional disturbance when he killed Caroline and Miller. Dr. Noble further testified that when defendant killed Caroline, his capacity to appreciate the criminality of his conduct or to conform his conduct to the requirements of the law was "diminished, but he did not completely lose his sense of right and wrong" and that at the time he killed Miller, defendant's capacity was "impaired." The State introduced evidence of different possible interpretations of the results of the MMPI, an assessment tool used by Dr. Noble. The computer software that scored the MMPI generated possible interpretations that defendant was manipulative, aggressive, rebellious of authority figures, resentful, uncompromising, and hedonistic, and that defendant might be physically threatening toward women to whom he was close when he felt frustrated. The State also presented evidence that defendant performed well in school, wrote well-organized homework assignments, and had been accepted at North Carolina A&T;State University. Finally, the State's evidence showed that following the murders, defendant disposed of evidence, went shopping, went to a party, and danced. Therefore, this evidence was controverted as well.
We find no error in the trial court's refusal to give peremptory instructions. This argument is rejected.
In his nineteenth argument, defendant argues that the trial court committed constitutional error in refusing to instruct the jury that "life imprisonment without parole" was the punishment alternative to death and instructing instead that the alternative was merely "life imprisonment." Defendant concedes that the trial court informed the jury on some occasions that the punishment alternative was "life imprisonment without parole" but argues that the phras
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