State v. Ball

• Decision Date: 06 September 1996
• Docket Number: No. 68A94,68A94
• Citation: 344 N.C. 290,474 S.E.2d 345
• Court: North Carolina Supreme Court
• Parties: STATE of North Carolina v. Terry Lee BALL.

Page 345

474 S.E.2d 345

344 N.C. 290

STATE of North Carolina v. Terry Lee BALL.

No. 68A94.

Supreme Court of North Carolina.

Sept. 6, 1996.

Malcolm Ray Hunter, Jr., Appellate Defender by Marshall Dayan, Assistant Appellate Defender, Durham, for defendant-appellant.

LAKE, Justice.

The defendant was indicted on 26 October 1993 for assault with a deadly weapon with intent to kill inflicting serious bodily injury, two counts of robbery with a dangerous weapon, first-degree burglary, and for the first-degree murder of Laura Krantz. The defendant was tried capitally, and the jury found the defendant guilty of first-degree murder on the basis of premeditation and deliberation and on the basis of felony murder. Defendant was also convicted of assault with a deadly weapon with intent to kill inflicting serious injury, of two counts of attempted robbery with a dangerous weapon, and of first-degree burglary. Following a capital sentencing proceeding pursuant to N.C.G.S. § 15A-2000, the jury recommended that the defendant be sentenced to death. For the reasons discussed herein, we conclude that the jury selection, the guilt/innocence phase of defendant's trial and defendant's capital sentencing proceeding were free from prejudicial error, and that the sentence of death is not disproportionate.

The State's evidence tended to show that the Reverend Tony Krantz lived in the parsonage beside the Beaver Dam Church with his wife, Laura, and their two children, Katrina and Jonathan. On the evening of 16 June 1993, Reverend Krantz put Katrina and Jonathan to sleep on a couch in the living room. Reverend Krantz and his wife then went to bed. Reverend Krantz was awakened by the doorbell at approximately four o'clock in the morning on 17 June 1993. Reverend Krantz was surprised but relieved to find the defendant at his door. Reverend Krantz testified that when he opened the door, he asked the defendant how he was doing, and the defendant replied, "not so well." The defendant further stated, "You told me that if I ever needed somebody to talk to that you would be there." Reverend Krantz acknowledged that he had made such a statement and let the defendant in the house.

Reverend Krantz further testified that as defendant entered the living room where the children were sleeping, the defendant stated, "I don't want to wake the kids up." Reverend Krantz moved some items from a chair, sat down and asked the defendant to sit down. However, the defendant insisted that they go to the kitchen. Defendant and Reverend Krantz then proceeded to the kitchen. Reverend Krantz asked the defendant if he wanted something to drink, and defendant asked for a glass of ice water. Reverend Krantz poured a glass of ice water for the defendant and poured himself a Dr. Pepper. As Reverend Krantz sat down across the table from the defendant, the defendant put his hand behind his back and pulled out a knife. Reverend Krantz testified that the defendant then lunged at him and stabbed him in the eye. The force of the blow almost knocked Reverend Krantz unconscious. Reverend About the time that Reverend Krantz was stabbed in the side, his wife, Laura, approached the kitchen. Laura Krantz took one or two steps into the kitchen, stopped and screamed. As Mrs. Krantz screamed, defendant stopped his attack on Reverend Krantz and ran after Laura Krantz. Reverend Krantz testified that he saw his wife run down the hall and that he heard a door slam and thought that his wife was safe. Reverend Krantz went to the telephone and dialed 911. After making the call to 911, Reverend Krantz ran out the back door and went to a neighbor's home.

Krantz tried to grab defendant's arm but instead grabbed the knife with his left hand, cutting his ring finger to the bone. Reverend Krantz was screaming, "No, Terry, no, Terry, no," but the defendant continued to stab and cut Reverend Krantz. Reverend Krantz received several cuts and stab wounds, the worst wound being a stab wound to his side where the full length of the knife went into him.

Ten-year-old Katrina Krantz testified that she heard the doorbell ring when it was dark. Katrina stated that she saw her father walk into the living room and open the door. After her father opened the door, Katrina testified that she saw the defendant and observed the defendant and her father sit down. Katrina heard the defendant ask her father if they could go into the kitchen. After they left the room, Katrina went back to sleep. Katrina later awoke to the sound of screams from her mother. Katrina saw her mother running towards the bedroom and saw the defendant running about two steps behind her mother, holding a knife. Mrs. Krantz ran into the bedroom. Katrina heard a door being knocked open. Katrina walked into the hall and heard the defendant say, "Give me your money." Katrina testified that her mother replied, "I don't know where it is. I put it somewhere." After Katrina heard her mother make these statements, she went to the side door and ran to the church next door.

Reverend Krantz was hospitalized for his wounds for four days and then confined to bed for one week. At the time of trial, Reverend Krantz still had numbness and pain all the way to the center of his chest from the knife wound to his side. Laura Krantz died as a result of more than twenty stab wounds to her head and extremities. Dr. M.G.F. Gilliland, an expert in the field of forensic pathology, performed an autopsy on the victim. Dr. Gilliland testified that, in his opinion, the fatal stab wound was one to the victim's left thigh. Dr. Gilliland stated that this wound was very deep and cut both a major artery and a major vein. Dr. Gilliland further testified that the wounds to the victim's head and neck occurred earliest in the attack, that the victim was eventually knocked down and that the fatal wound to the victim's leg was inflicted after the victim had been knocked down and could no longer defend herself. Finally, Dr. Gilliland concluded that the wounds inflicted prior to the fatal wound were painful and that the victim could have remained alive for as much as twenty minutes from the start of the assault and for as much as ten minutes after the assault concluded.

The defendant presented no evidence during the guilt/innocence phase of the trial.

At defendant's capital sentencing proceeding, the State introduced evidence of two prior convictions. The first was a North Carolina conviction for an assault with a deadly weapon with intent to kill inflicting serious injury. The second was a California conviction for armed robbery and aggravated assault.

Defense counsel presented evidence regarding the defendant's background which tended to show that the defendant had a serious alcohol and drug dependency problem. In addition, Dr. Bruce Berger testified for the defense that the defendant suffered from an antisocial personality disorder. Dr. Berger further testified that the defendant's ability to conform his behavior to the requirements of the law was impaired, and at the time of the offense, the defendant suffered from a mental or emotional disturbance.

PRETRIAL/JURY SELECTION

In his first assignment of error, the defendant contends that the trial court erred under After careful review, we conclude that the trial court's statement to the jury was an accurate statement of the law. Contrary to the defendant's argument, a juror who is predisposed with regard to the law or the evidence is not competent to serve on the jury. See State v. Leonard, 296 N.C. 58, 63, 248 S.E.2d 853, 856 (1978). Furthermore, the defendant failed to object at any point to the trial court's instruction. Therefore, the proper standard of review is for plain error. Plain error is "a 'fundamental error, something so basic, so prejudicial, so lacking in its elements that justice cannot have been done,' or 'where [the error] is grave error which amounts to a denial of a fundamental right of the accused.' " 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.) (footnotes omitted), cert. denied, 459 U.S. 1018, 103 S.Ct. 381, 74 L.Ed.2d 513 (1982)). The defendant points out in his brief, "[p]rejudice from this error is difficult if not impossible to establish." This falls far short of a "fundamental" error. Thus, even assuming, arguendo, that the trial court's instruction was improper, the instruction was not so prejudicial as to amount to plain error. This assignment of error is overruled.

Witherspoon v. Illinois, 391 U.S. 510, 88 S.Ct. 1770, 20 L.Ed.2d 776 (1968), and Wainwright v. Witt, 469 U.S. 412, 105 S.Ct. 844, 83 L.Ed.2d 841 (1985), by informing the jury venire that the trial court was seeking jurors with no predisposition concerning the case. The [344 N.C. 300] defendant argues that Witherspoon and Wainwright allow jurors to carry into the jury room all manner and variety of personal beliefs so long as those beliefs do not prevent or substantially impair any juror's ability to follow the law.

In his next assignment of error, the defendant contends that the trial court erred by denying his motion for individual voir dire without affording him the opportunity to present evidence or argument in support of his motion.

Prior to jury selection, the following exchange between defense counsel and the trial court took place:

MR. HARRELL: We have filed a motion in this matter, Your Honor, for individual examination of jurors....

COURT: Denied.

MR. HARRELL: ... and so that we don't waive that we want to bring it up at this time.

COURT: Denied.

The defendant asserts that this summary denial of his motion was an abuse of discretion thereby entitling him to a new trial.

In a capital case, the trial court may direct that jurors be selected individually if the moving party shows "good cause" for the individual voir dire. N.C.G.S. § 15A-1214(j) (1988). No party has a right to individual voir dire, and the decision whether to...