State v. Davis12/21/2000
448, 457 (1995), cert. denied, 518 U.S. 1024, 135 L. Ed. 2d 1080 (1996).
Because defendant failed to object to the admission of this evidence, we review this issue for plain error. State v. Carter, 338 N.C. 569, 593, 451 S.E.2d 157, 170 (1994), cert. denied, 515 U.S. 1107, 132 L. Ed. 2d 263 (1995). Plain error is "`fundamental error, something so basic, so prejudicial, so lacking in its elements that justice cannot have been done.'" State v. Odom, 307 N.C. 655, 660, 300 S.E.2d 375, 378 (1983) (quoting United States v. McCaskill, 676 F.2d 995, 1002 (4th Cir.) (footnote omitted), cert. denied, 459 U.S. 1018, 74 L. Ed. 2d 513 (1982)). We find no such error in the admission of this evidence.
In his fourth argument, defendant contends that the trial court erred by admitting evidence of Miller's good character during the State's case-in-chief, thereby violating the rules of evidence as well as the United States and North Carolina Constitutions. Specifically, defendant argues that the evidence was irrelevant and inflammatory. We disagree.
Evidence is relevant where it has "any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence." N.C.G.S. § 8C-1, Rule 401 (1999). This Court has held that evidence that the victim was a good person, or "fleshing out the humanity of the victim," is permissible "so long as it does not go too far." State v. Reeves, 337 N.C. 700, 723, 448 S.E.2d 802, 812 (1994), cert. denied, 514 U.S. 1114, 131 L. Ed. 2d 860 (1995); see also Payne v. Tennessee, 501 U.S. 808, 825, 115 L. Ed. 2d 720, 735 (1991) (victim- impact evidence may be admitted during a capital sentencing proceeding unless it "is so unduly prejudicial that it renders the trial fundamentally unfair").
In the instant case, the trial court denied defendant's pretrial motion to prohibit the State from "introducing or arguing victim impact evidence" and admitted evidence regarding Miller's good character during the State's case-in-chief. Specifically, the State presented evidence that Miller had prepared meals for defendant and other relatives, attended defendant's athletic events, and generally treated defendant well. The State also presented evidence that Miller appeared to have a close relationship with Caroline. The trial court admitted a photograph of Miller when she was alive and several photographs of her landscaped yard.
We note that the State submitted and the jury found as an aggravating circumstance that the murder was especially heinous, atrocious, or cruel. Evidence that defendant had murdered a blood relative who had opened her home to him and offered him a stable environment tended to support this aggravating circumstance. The State's evidence further showed that the killing of Miller was especially heinous, atrocious, or cruel partially because she had been especially caring, patient, and loving to defendant.
After a careful review of the record, we conclude that the evidence was both relevant and admissible and did not go "too far" within the meaning set out in Reeves.
Defendant also challenges the admission of the evidence on constitutional grounds. However, defendant failed to make an objection at trial on constitutional grounds. This failure to preserve the issue results in waiver. N.C. R. App. P. 10(b)(1); Jaynes, 342 N.C. at 263, 464 S.E.2d at 457.
In his fifth argument, defendant contends that the trial court erroneously allowed the prosecutors to cross-examine defense witnesses regarding defendant's bad character. We disagree.
A trial court "has broad discretion over the scope of cross- e
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