State v. Knight

• Decision Date: 16 February 2016
• Docket Number: No. COA14–1015.,COA14–1015.
• Citation: 245 N.C.App. 532,785 S.E.2d 324
• Court: North Carolina Court of Appeals
• Parties: STATE of North Carolina v. Thomas D. KNIGHT.

245 N.C.App. 532

785 S.E.2d 324

STATE of North Carolina

v.Thomas D. KNIGHT.

No. COA14–1015.

Court of Appeals of North Carolina.

Feb. 16, 2016.

Attorney General, Roy Cooper, by Assistant Attorney General, Amy Kunstling Irene, for the State.

Cooley Law Office, Cary, by Craig M. Cooley, for defendant.

CALABRIA, Judge.

Defendant Thomas D. Knight ("defendant") appeals from judgment entered upon a jury verdict finding him guilty of second degree rape and first degree kidnapping. We conclude that defendant's trial was free from prejudicial error.

I. Background

In October 2012, forty-six-year-old victim T.H., a divorced mother of two adult children, resided in Fuquay–Varina. She had a boyfriend but lived alone. T.H. and defendant—who lived with his girlfriend, Leslie Leicht ("Leicht")—were neighbors and had known each other for approximately one year. Over the course of that year, T.H. and defendant "hung out" at T.H.'s home about ten to fifteen times, mainly to talk, drink alcohol, and smoke marijuana. T.H. also allowed defendant to drive her car on certain occasions. Whenever they got together, T.H. usually drank three to four beers, while defendant preferred vodka.

Although T.H. had a boyfriend and lived alone, she and defendant enjoyed a light-hearted, platonic relationship. However, defendant occasionally made sexually suggestive comments such as "once you go black you'll never go back," to which T.H. dismissively replied that she had "made it this far without that so [she would] be fine." T.H. felt that defendant was "[j]ust talking junk" and she did not take his innuendos seriously. But in T.H.'s words, defendant "crossed the line" during an August 2012 incident.

On 23 August 2012, defendant came to T.H.'s home and brought her a kitten; he then "took off." Nearly an hour later, defendant suddenly entered T.H.'s home through an open back door, threw her on the bedroom floor, and positioned himself on top of her. After T.H. asked defendant "[w]hat in the fu* * " he was doing[,]" defendant answered, "[y]ou want this, Bit* *." In response, T.H. hit defendant in the face and told him to leave her home immediately, which he did. Soon after the incident, defendant texted T.H. and apologized for scaring her. He also promised that "it" would never happen again. T.H. accepted defendant's apology and got together with him two or three times between August and October of 2012.

In the late afternoon of 12 October 2012, T.H. texted defendant and asked him to get her some marijuana, something he had done for her on several prior occasions. Defendant agreed, and the two traveled to Angier in T.H.'s car to get the marijuana. After they returned to T.H.'s residence around 6:30 p.m., T.H. and defendant sat on the living room couch while drinking, getting high, watching TV, and talking about their respective relationships. During the course of the evening, defendant drank vodka straight from the bottle and T.H. consumed five beers along with two shots of vodka.

Sometime before 9:30 p.m., defendant abruptly picked T.H. up off the couch, pinned her arms against her body, and carried her to the bedroom. T.H. screamed at defendant and asked what he was doing, but he did not respond. Once in the bedroom, defendant threw T.H. on the bed, held her down, and proceeded to remove her jeans and underwear as she continued to yell and scream. After unfastening his pants, defendant vaginally penetrated T.H. for approximately ten minutes before pausing to proclaim, "now you're a real woman because you've been fu* *ed by a black man," to which T.H. replied, "well, now you have HIV." Angered by that reply and believing that he might contract AIDS, defendant ceased penetrating T.H. and began hitting her face. Defendant then put his penis in T.H.'s mouth, prompting her to bite it. Somewhat stunned, defendant backed away, which allowed T.H. to get away from defendant and run out of the home.

Wearing only a sweater, T.H. eventually made it to the home of a neighbor, Beth Branham ("Branham"), who noticed blood on T.H.'s lower lip. After giving T.H.—who was distraught and crying—some sweatpants to wear, Branham called the police. Several officers with the Fuquay–Varina Police Department ("FVPD") arrived at Branham's home, and T.H. told them what happened.

The officers then proceeded to T.H.'s home, where they found defendant's white t-shirt in the front yard. Inside the bedroom, the bed covers were in disarray and T.H.'s pants and panties were inside out on the floor. In addition, fresh red blood and hair that seemed to have come from T.H.'s scalp were found on the bedding.

Meanwhile, defendant had gone to a friend's house, where Leicht picked him up in her car. As the two drove home, defendant noticed police cars in the area and had Leicht drop him off at a nearby gas station. FVPD officers apprehended defendant at the gas station shortly thereafter. At that time, defendant was carrying two cell phones, one of which belonged to T.H., and he claimed to be waiting for someone to bring him money. After defendant was transported to the FVPD, Detective Jeff Wenhart questioned him regarding T.H.'s allegations. Detective Wenhart noticed scratches on defendant's nose and cheek as well as fresh blood on his shirt. A long, reddish head hair consistent with that of T.H. was found on defendant's face. During the videotaped interview, defendant acknowledged spending time with T.H. and agreeing to purchase marijuana for her on the night in question, but he denied having sex with her. He also explained that either his dog or T.H.'s cat had scratched his face and that he had recently bit his tongue, which caused the blood stain on his shirt.

On 27 November 2012, defendant was indicted on one count each of second degree forcible rape, second degree sexual offense, and first degree kidnapping. In a separate indictment, defendant was also charged with assault on a female, common law robbery, and interfering with an emergency communication.

2013 Trial

On 5 August 2013, defendant was tried in Wake County Criminal Superior Court before the Honorable Reuben F. Young. During trial, defendant moved to suppress his statement to Detective Wenhart. After viewing the videotape of defendant's interview and hearing arguments on the issue, Judge Young ruled that the questions Detective Wenhart asked violated Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966), and ordered that defendant's statement be suppressed. At the close of all evidence, Judge Young dismissed the charges of common law robbery and interfering with an emergency communication. On 8 August 2013, the jury found defendant guilty of assault on a female, but was unable to reach a unanimous verdict as to the kidnapping, rape, and sexual assault charges, prompting Judge Young to declare a mistrial on those three charges.

2014 Trial

In February 2014, defendant was retried on the charges of second degree rape, second degree sexual offense, and first degree kidnapping in Wake County Superior Court before the Honorable Kendra D. Hill. During trial, the State revisited the issue of Judge Young's suppression ruling in the 2013 trial and argued that Judge Hill had the authority to overrule it. Judge Hill felt the issue presented a "close question[,]" but she eventually ruled that defendant's statement to Detective Wenhart was admissible. At the close of all evidence, defendant moved that the kidnapping charge be dismissed, arguing that there was insufficient evidence of "a separate ... act independent and apart from the potential two underlying felonies" (second degree rape and second degree sexual offense). Judge Hill denied the motion.

Defendant testified in his own defense as to what happened at T.H's home during the evening of 12 October 2012. According to defendant, while he and T.H. were sitting on the living room couch, T.H. leaned in and kissed him. At one point in the evening, T.H. got up to use the bathroom and, upon her return, she was wearing nothing but her sweater and underwear. T.H. asked defendant to "[c]ome here." In response, defendant resumed kissing T.H. before eventually moving her to the bedroom. Once there, defendant fell backwards onto the bed with T.H. on top of him. Eventually, defendant rolled T.H. over and got on top of her, but upon his doing so, she "freaked out," hit and "flicked" him in the face, began screaming, and ran out the front door. Defendant denied having sex with T.H., and claimed that he neither removed her clothes nor attempted to put his penis in her mouth.

The jury found defendant guilty of second degree rape and first degree kidnapping, but acquitted him on the second degree sexual offense charge. Judge Hill then consolidated the two convictions, sentencing defendant to a minimum of 90 and a maximum of 168 months in the custody of the North Carolina Department of Public Safety, Division of Adult Correction. Defendant appeals.

II. Analysis

A. Judge Young's Ruling

1. Law of the Case

Defendant first argues that because Judge Young suppressed defendant's videotaped statement in the 2013 trial, Judge Hill was bound by that ruling in the 2014 trial. This argument is partially premised on the law of the case doctrine.

According to the law of the case doctrine, " ‘once an appellate court has ruled on a question, that decision becomes the law of the case and governs the question both in subsequent proceedings in a trial court and on subsequent appeal.’ " State v. Boyd, 148 N.C.App. 304, 308, 559 S.E.2d 1, 3 (2002) (quoting Weston v. Carolina Medicorp, Inc., 113 N.C.App. 415, 417, 438 S.E.2d 751, 753 (1994) ). From the outset, we note that this legal principle does not apply here because there has been no prior appeal in this case.

Even so, another version of the doctrine, which is relevant here, provides that "when a party fails to appeal from a tribunal's decision that is not interlocutory, the decision below becomes the law of the case and cannot be challenged in subsequent...