State v. Adams

Decision Date28 January 1994
Docket NumberNo. 3A89,3A89
Citation439 S.E.2d 760,335 N.C. 401
PartiesSTATE of North Carolina v. Thomas Mark ADAMS.
CourtNorth Carolina Supreme Court

Appeal by defendant pursuant to N.C.G.S. § 7A-27(a) from a judgment sentencing him to death imposed by Lewis (John B.), J., presiding at the 31 October 1988 Criminal Session of Superior Court, IREDELL County. Heard in the Supreme Court on 16 April 1992.

Lacy H. Thornburg, Atty. Gen. by Thomas J. Ziko, Sp. Deputy Atty. Gen., Raleigh, for the State.

Malcolm Ray Hunter, Jr., Appellate Defender, Raleigh, for defendant-appellant.

EXUM, Chief Justice.

On 14 March 1988, defendant was indicted for first degree burglary, robbery with a dangerous weapon and the murder of Mildred Hendrix Foster. Defendant pled guilty to the two burglary charges against him. At trial, a jury found defendant guilty of first degree murder. After a capital sentencing hearing, the jury recommended the death penalty for defendant. The trial court sentenced defendant to death. Defendant appeals from that judgment.

Defendant brings forward five assignments of error relating to the guilt phase of his trial on the first degree murder indictment and eight assignments relating to the sentencing phase. The State concedes that in the sentencing proceeding the trial court erred under the United States Supreme Court's holding in McKoy v. North Carolina, 494 U.S. 433, 110 S.Ct. 1227, 108 L.Ed.2d 369 (1990) and recommends that this Court remand the case for re-sentencing in accordance with McKoy. We find no reversible error in the guilt phase of defendant's trial. Concluding there is McKoy error in the trial court's jury instructions in the sentencing phase, we remand the case for a new sentencing proceeding.

I.

The State offered evidence during the guilt phase, including defendant's two pretrial statements made to investigators by which he essentially admitted committing the acts forming the basis of the charges against him, which tended to show as follows:

At approximately 1:30 a.m. on 13 December 1987, the seventeen year old defendant broke into and entered the home of seventy year old Mildred Hendrix Foster with the intention of stealing money from Ms. Foster to buy marijuana. At the time defendant entered Ms. Foster's home, he was carrying a large kitchen knife that he had taken from the home of his parents for the purpose of scaring the victim. After unsuccessfully searching the other rooms of the Foster home for money, defendant moved into Ms. Foster's bedroom. Ms. Foster awoke as defendant was searching for her pocketbook.

Ms. Foster screamed and attempted to struggle with defendant. Defendant asked Ms. Foster to remain quiet and told her that he would not harm her. Ms. Foster continued to scream and managed to obtain the knife which defendant had laid down during his search of her room. Ms. Foster bit defendant when he put his hand over her mouth to quiet her, and she attempted to stab him with the knife. Defendant eventually regained control of the knife and stabbed Ms. Foster in the chest. Defendant told police that he stabbed her several more times in the chest to keep her from further suffering. As the victim struggled to live, defendant slashed her throat with the knife, killing her. After killing the victim, defendant took thirty-eight dollars from her purse and fled the house.

Defendant returned to his house and soon decided to turn himself in. At approximately 3:00 a.m., defendant appeared at the Davie County Sheriff's Department where he had driven in his car. He had blood on his clothes and was crying hysterically. He made several references to "that poor old lady." After calming down, defendant stated that he had broken into a house, which the authorities were able to identify as the home of Ms. Foster. At first, defendant made several short statements indicating he had stabbed Ms. Foster. Defendant was immediately advised of his juvenile rights. Within three to four hours of arriving at the sheriff's department, defendant made two detailed voluntary statements to a detective and an agent of the State Bureau of Investigation. The statements were reduced to writing and signed by defendant.

The parties stipulated that the victim was stabbed six times in the chest and that her throat had been cut. The parties further stipulated that all wounds were inflicted within a very close period of time and that Ms. Foster died from loss of blood within a few minutes of receiving her wounds.

Defendant's evidence at the guilt phase consisted of the testimony of two mental health experts, a psychologist and a psychiatrist, and dealt with his state of mind at the time of the murder:

Dr. John Warren, a psychologist, testified that he had examined defendant at the Davie County Jail on three occasions in 1988: 13 August, 9 September and 28 September. He also reviewed defendant's statements to the authorities on the morning of the murder, his school records, mental health treatment records and a report from Dorothea Dix Hospital. Dr. Warren diagnosed defendant as suffering from (1) borderline personality disorder with dependent and histrionic traits and (2) dependence on marijuana. Dr. Warren testified that defendant had been involved in several earlier break-ins in order to obtain money for his marijuana use. Defendant had been caught in the spring of 1987, pled guilty and had been sentenced to five years probation and fifteen weekends in jail.

In response to defense counsel's questions regarding defendant's ability to form the specific intent to kill, Dr. Warren testified as follows:

My opinion is that--that prior to going to the house, Tommy was capable of forming specific intent. At some point, he became disorganized and fell apart and was no longer able to form that intent. He was not calm, he was not together, he was in pieces and very disorganized.

Dr. Selwyn Rose, a psychiatrist who was qualified as an expert in forensic psychiatry, also testified as to defendant's state of mind. Dr. Rose diagnosed defendant as suffering from (1) marijuana dependency and (2) borderline personality disorder with particular traits of immaturity and impulsivity. He further testified that he believed defendant fell apart under stress that night and, at the time of the murder, could not conform his conduct to the requirements of the law. During cross-examination by the prosecution, Dr. Rose also stated that, under the stress of the confrontation with the victim, defendant did not have the ability to tell right from wrong.

The State presented no evidence during the penalty phase of defendant's trial. Defendant presented evidence which tended to show as follows:

Defendant's father, mother, half-brother, uncle, sister, one of his teachers, and a family friend each testified that defendant had never been known to be violent. Defendant was described as being shy, liking animals, and usually befriending younger children. He had not been a discipline problem at school. Although he did well in elementary school, he was not a good student in junior and senior high school. Defendant had a drug problem which became known to his parents during the spring of 1987. Defendant was small for his age. He was generally a "follower" and was known to get along well with others. The witnesses testified they had never seen defendant act aggressively or violently.

II.

Guilt Phase Issues

A.

Defendant first contends that the trial court violated his right to be present at every stage of a capital proceeding 1 by conducting ex parte bench conferences with prospective jurors after which some prospective jurors were excused. Though the trial court's action was error, we hold that the error was harmless beyond a reasonable doubt.

After the case was called for trial and prospective jurors were called into the courtroom to begin the jury selection process, Judge Lewis in open court and on the record instructed the prospective jurors on qualifications for jury service. He then stated that there might be "other reasons" why a juror should not serve, mentioning specifically doctor certified physical illness; and he invited any juror who had "any reasons" to come to the bench "to tell me why you should not serve on jury this week." The trial transcript at that point states:

(EXCUSES HEARD BY THE COURT)

THE COURT: Mr. Sloan indicates that he is a pallbearer in a funeral tomorrow, we have a group of jurors coming in on Wednesday and so Mr. Sloan you will come in on Wednesday.

Ms. Gillian and Mrs. Holler indicate that they have served within the last two years, and therefore, would be ineligible.

Stand by and we'll put something in the file about that.

After these comments, the trial judge resumed giving instructions to the rest of the prospective jurors.

It was error violating a capital defendant's unwaivable state constitutional right to be present at every stage of his trial for Judge Lewis to speak privately with prospective jurors. State v. Boyd, 332 N.C. 101, 104, 418 S.E.2d 471, 473 (1992); State v. Moss, 332 N.C. 65, 74, 418 S.E.2d 213, 218 (1992). This violation is, however, subject to harmless error analysis. State v. Payne, 328 N.C. 377, 402 S.E.2d 582 (1991); State v. Artis, 325 N.C. 278, 297, 384 S.E.2d 470, 480 (1989), sentence vacated on other grounds, 494 U.S. 1023, 110 S.Ct. 1466, 108 L.Ed.2d 604 (1990), on remand, 329 N.C. 679, 406 S.E.2d 827 (1991). The harmlessness of the error must be demonstrated by the State beyond a reasonable doubt. Huff, 325 N.C. at 33, 381 S.E.2d at 653. Where "the transcript reveals the substance of the conversations, or the substance is adequately reconstructed by the trial judge at trial," the State may be able to prove that the error was harmless beyond a reasonable doubt. Boyd, 332 N.C. at 106, 418 S.E.2d at 474.

Here the transcript reveals that the substance of the unrecorded communications with the three jurors was adequately reconstructed by the trial judge and that the defendant's...

To continue reading

Request your trial
39 cases
  • State v. Alston
    • United States
    • North Carolina Supreme Court
    • 8 Septiembre 1995
    ...Defendant's failure to object to the prosecutor's challenges precludes him from raising this issue on appeal. State v. Adams, 335 N.C. 401, 411, 439 S.E.2d 760, 765 (1994). We must assume that defendant, through counsel, was familiar with Batson but elected not to raise the issue at trial, ......
  • State v. Walls
    • United States
    • North Carolina Supreme Court
    • 3 Noviembre 1995
    ...failure to object to the prosecutor's challenges on this ground precludes him from raising this issue on appeal." State v. Adams, 335 N.C. 401, 411, 439 S.E.2d 760, 765 (1994). Even if defendant had timely objected at trial, nothing in the record before us demonstrates that the prosecutor e......
  • State v. Williams, 264A90-2
    • United States
    • North Carolina Supreme Court
    • 30 Diciembre 1994
    ...of the [ex parte ] conversations, or the substance is adequately reconstructed by the trial judge at trial,' " State v. Adams, 335 N.C. 401, 409, 439 S.E.2d 760, 763 (1994) (quoting State v. Boyd, 332 N.C. 101, 106, 418 S.E.2d 471, 474 (1992)), and it is manifest from the transcript that de......
  • State v. Adams
    • United States
    • North Carolina Supreme Court
    • 5 Septiembre 1997
    ...States Supreme Court's decision in McKoy v. North Carolina, 494 U.S. 433, 110 S.Ct. 1227, 108 L.Ed.2d 369 (1990). State v. Adams, 335 N.C. 401, 439 S.E.2d 760 (1994). At the new capital sentencing proceeding, the jurors once again returned a recommendation of death. In accordance with the j......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT