State v. Hunt, 195PA11.

• Decision Date: 09 March 2012
• Docket Number: No. 195PA11.,195PA11.
• Citation: 722 S.E.2d 484
• Parties: STATE of North Carolina v. Samuel Kris HUNT.
• Court: North Carolina Supreme Court

722 S.E.2d 484

STATE of North Carolina

v.Samuel Kris HUNT.

No. 195PA11.

Supreme Court of North Carolina.

March 9, 2012.

On discretionary review pursuant to N.C.G.S. § 7A–31 of a unanimous decision of the Court of Appeals, ––– N.C.App. ––––, 710 S.E.2d 339 (2011), reversing a judgment entered on 8 October 2009 by Judge Edwin G. Wilson, Jr. in Superior Court, Randolph County, and vacating defendant's convictions. Heard in the Supreme Court on 10 January 2012.

Roy Cooper, Attorney General, by Anne M. Middleton, Assistant Attorney General, for the State-appellant.

M. Alexander Charns, Durham, for defendant-appellee.

JACKSON, Justice.

Defendant was convicted of second-degree sexual offense and crime against nature, based upon the victim's age and inability to consent due to a mental disability. In this appeal we consider whether expert testimony is always necessary to establish whether a victim in such a case had the requisite mental capacity to consent. Because we hold that expert testimony is not required as articulated by the Court of Appeals, and that the State presented sufficient evidence to withstand defendant's motions to dismiss, we reverse and remand.

On 25 May 2008, defendant and his wife hosted a birthday party at a local park for their daughter Madison ¹ who was turning sixteen. Approximately thirty people attended the party, including the complaining witness Clara, who was seventeen. Madison and Clara lived on the same street, rode the school bus together, and often visited each other's homes. After the party, defendant and his wife took Madison, Clara, and Madison's friend Ashley back to defendant's house for a sleep over. Defendant and his wife left the house around 9:00 p.m. to patronize several bars in Greensboro. While defendant and his wife were gone, Madison, Clara, Ashley, and defendant's four other children—ages four, ten, eleven, and fifteen—watched a movie and looked at pictures from the party while in the living room.

Defendant and his wife returned home around 3:00 a.m. on 26 May 2008. Defendant had consumed six beers and eight to ten “Jäger bombs” at the bars and was admittedly intoxicated. Defendant and his wife went into their bedroom but defendant soon emerged alone, wearing sweatpants but no shirt. Defendant went into the living room, where the children still were watching the movie, and sat down on the couch. Defendant then got up and motioned for Clara to follow him into the kitchen after tapping her on the arm. Clara testified that she followed defendant into the kitchen because she “thought [defendant] was going to show [her] where the cups were” located.

Once they were in the kitchen, defendant began touching Clara outside her clothing on her breasts, vagina, and “butt.” Defendant asked Clara, “Do you like it?” Clara testified that she “was scared” and “didn't know what [defendant] was going to do.” Defendant then pulled his penis out of his sweatpants. Clara was “shocked” and “thought [defendant] was going to do something else” to her. Instead, defendant forced Clara's head down to his penis and she put her mouth on it. Clara testified that she only put her mouth on defendant's penis because he “forced [her] head down to it.” She said that she was “scared” because she “thought [defendant] was going to hurt [her] more than he did.” Clara tried to raise her head but defendant pushed it back down to his penis, which he forced into her mouth again. At some point during the encounter, defendant told Clara, “Don't tell nobody. I can get in serious trouble.” Eventually, Clara pulled her head away from defendant's penis.

After Clara pulled her head away, defendant told her, “Go in the girls' bedroom and take off your clothes.” Instead, Clara returned to the living room and told Ashley that defendant had asked her to go into the girls' bedroom and remove her clothes. Ashley told Madison what Clara had told her. Clara also told Madison that defendant had “touched [her] all over” and “made [her] suck his penis.” Madison and Ashley took Clara into the bathroom and stayed with her while she washed her hands and brushed her teeth. Clara asked Madison and Ashley to protect her from defendant. The girls went into Madison's bedroom and talked until they fell asleep at approximately 6:00 a.m. Before they fell asleep, the girls arranged themselves in the bed to protect Clara. Clara was against the wall with Madison lying next to her.

Sometime after the girls fell asleep, defendant came into their bedroom, touched Clara's feet, and motioned for her to come into the hallway. Clara woke Madison, who was sleeping next to her, and told Madison that defendant wanted her to come into the hallway. Madison told Clara not to go into the hallway, and the girls went back to sleep.

Later that morning, Madison woke her mother and told her what had occurred between defendant and Clara. Based on this information, defendant's wife confronted him. Defendant's wife testified that defendant initially denied the accusations, but eventually admitted that Clara had performed oral sex on him. Defendant's wife became upset and told defendant to get out of the house.

At approximately the same time, Clara decided to walk home and tell her father what defendant had done. Defendant started to follow Clara, but then turned around and returned home after Clara called defendant's wife. Defendant subsequently decided to turn himself in to the police. Defendant drove to the Asheboro police station and told an officer on duty that he had “made a mistake” and “messed up.” Defendant gave police a statement, admitting that he “rubbed [Clara] on her chest and she put [his] dick in her mouth for about one minute or so.” Defendant later admitted to a second officer that he had “sexual relations” with Clara.

On 21 July 2008, defendant was indicted for second-degree sexual offense and crime against nature. On 6 October 2009, defendant was tried in the Superior Court, Randolph County. At the close of the State's evidence and again at the close of all the evidence, defendant moved to dismiss the charges based upon insufficiency of the evidence. In support of these motions, defendant argued in part that the State had not introduced expert testimony to show that Clara had a mental disability that rendered her substantially incapable of consenting to sexual acts or resisting unwanted sexual advances. The trial court denied all defendant's motions.

After deliberating for less than one hour, the jury found defendant guilty of second-degree sexual offense and crime against nature. The trial court then denied defendant's renewed motion to dismiss. The trial court consolidated defendant's convictions and sentenced him to an active term of seventy-three to ninety-seven months imprisonment.

Defendant appealed to the Court of Appeals, which unanimously reversed and vacated defendant's convictions, holding “that in situations such as presented by this case, where the victim's IQ falls within the range considered to be mental retardation[,]' but who is highly functional in her daily activities and communication, the State must present expert testimony as to the extent of the victim's mental disability as defined by N.C.[G.S.] § 14–27.5.” State v. Hunt, ––– N.C.App. ––––, ––––, 710 S.E.2d 339, 348 (2011) (alteration in original). We allowed the State's petition for discretionary review.

Our standard of review regarding motions to dismiss is well established:

When reviewing a defendant's motion to dismiss a charge on the basis of insufficiency of the evidence, this Court determines whether the State presented substantial evidence in support of each element of the charged offense. Substantial evidence is relevant evidence that a reasonable person might accept as adequate, or would consider necessary to support a particular conclusion. In this determination, all evidence is considered in the light most favorable to the State, and the State receives the benefit of every reasonable inference supported by that evidence. The defendant's evidence, unless favorable to the State, is not to be taken into consideration, except when it is consistent with the State's evidence, the defendant's evidence may be used to explain or clarify that offered by the State. Additionally, a substantial evidence inquiry examines the sufficiency of the evidence presented but not its weight, which is a matter for the jury. Thus, if there is substantial evidence—whether direct, circumstantial, or both—to support a finding that the offense charged has been committed and that the defendant committed it, the case is for the jury and the motion to dismiss should be denied.

State v. Abshire, 363 N.C. 322, 327–28, 677 S.E.2d 444, 449 (2009) (citations and quotation marks omitted).

The State argues that expert testimony should not be required to establish the extent of a victim's mental capacity to consent to sexual acts and contends that it presented sufficient evidence to withstand defendant's motions to dismiss. During defendant's trial Clara testified for the State, giving the jury the opportunity to observe independently whether or not she was mentally disabled. In addition, the State presented six lay witnesses who testified about Clara's capabilities.

Lisa Cheek was the school social worker for Asheboro High School and had known Clara for almost three and a half years. Cheek testified that certain children with developmental disabilities can be “mainstreamed” into regular classes but those who likely will struggle in the traditional school environment are placed into the occupational course of study. Cheek stated that Clara had been in occupational training classes for as long as Cheek had known her. Cheek said that Clara was “very up-front about her ... disabilities.” Cheek also testified that Clara had a mental health counselor at N.C. Mentor, a mental health facility for persons with disabilities. Cheek said that Clara's N.C. Mentor counselor met with Clara...