 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Golphin8/25/2000
stant case included the following:
Someone has got to stand up and tell defendants like this, "We are not gonna tolerate this. We cannot tolerate this." What does a life sentence to these two defendants send as a message to the citizens of this state? . . .
I submit that it would send a message to them that we do not hold our law enforcement officers in very high esteem . . . . (Emphasis added.)
A review of the prosecutor's statements reveals that he never told the jury what was expected of them by the community, but instead reiterated what the jury's message should be to the community. See State v. Quesinberry, 325 N.C. 125, 141, 381 S.E.2d 681, 691 (1989) (holding the trial court properly did not intervene ex mero motu to the State's argument that the jury should send a message to the community), sentence vacated on other grounds, 494 U.S. 1022, 108 L. Ed. 2d 603 (1990). Thus, we conclude the State did not improperly argue community sentiment to the jury.
We finally address Kevin's argument that the trial court should have intervened ex mero motu because the State's attribution of hatred based on Rastafarian beliefs on him was not supported by the evidence and was grossly improper. He contends that any discussion of Rastafarianism, and its related beliefs, should have been limited to Tilmon's sentencing but was improperly submitted to the jury as a factor in considering his own sentence.
A review of the record and transcript, however, shows there was evidence that Kevin was involved with Rastafarianism. The note written by Kevin during jury selection revealed that he, too, was immersed in the Rastafarian culture, as the note contained references to "the beast" and "Babylon." There was evidence which showed that these two words were used in Rastafarian jargon to mean "the police" and "Caucasian-run America." In addition, there was evidence from Kevin's expert witness, Dr. Thomas Harbin, who referred to Kevin's religious belief in terms of the Rastafarian religion. Dr. Harbin stated that Kevin got his beliefs from his brother. The State's argument was comprised of reasonable inferences from the facts in evidence. See Anderson, 322 N.C. at 37, 366 S.E.2d at 468. Thus, Kevin cannot show a consideration of Rastafarian beliefs by the jury regarding his sentencing was grossly improper. Therefore, the State's closing argument during sentencing did not require ex mero motu intervention by the trial court. These assignments of error are overruled.
In another assignment of error, Kevin contends the trial court committed plain error by not instructing the jury consistently with Enmund v. Florida, 458 U.S. 782, 73 L. Ed. 2d 1140, and Tison v. Arizona, 481 U.S. 137, 95 L. Ed. 2d 127 (1987), in the Hathcock murder case, when there was evidence that defendant himself did not participate in that killing. Kevin concedes that he did not request such an instruction at trial and therefore relies on the plain error rule for this assignment of error.
Because Kevin did not request the Enmund/Tison instruction, he is limited to plain error review. N.C. R. App. P. 10(c)(4). As we have stated, under plain error review, the defendant must be able to show that there was error and that the jury probably would have reached a different result absent the error. See Roseboro, 351 N.C. at 553, 528 S.E.2d at 12.
In State v. McCollum, 334 N.C. 208, 433 S.E.2d 144 (1993), cert. denied, 512 U.S. 1254, 129 L. Ed. 2d 895 (1994), this Court explained the holdings in Enmund and Tison:
In Enmund, the [United States Supreme] Court held that the Eighth Amendment forbids the imposition of the death penalty on a defendant who aids and abets in
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 North Carolina DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|