The State v. Brown
| Decision Date | 02 June 2010 |
| Docket Number | No. 4691.,4691. |
| Citation | 697 S.E.2d 622,389 S.C. 84 |
| Court | South Carolina Court of Appeals |
| Parties | The STATE, Respondent,v.Cameron Lavar BROWN, Appellant. |
COPYRIGHT MATERIAL OMITTED
Appellate Defender M. Celia Robinson, of Columbia, for Appellant.
Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Senior Assistant Attorney General Norman Mark Rapoport, all of Columbia, and Solicitor Scarlett Anne Wilson, of Charleston, for Respondent.
In this criminal case, Cameron Lavar Brown appeals his convictions and sentences for voluntary manslaughter and possession of a firearm during the commission of a violent crime. Brown argues the trial court erred by: (1) refusing to permit the jury to view the crime scene; (2) allowing the State to comment on his post-arrest silence; (3) admitting evidence that he smoked marijuana on the day of the shooting; and (4) refusing a motion for mistrial and continuance. We affirm.1
Regina Scott (Mother) lived with her husband, Henry Scott (the Victim), and her son, Brown, in Charleston. On July 7, 2005, around 9:30 or 10:00 p.m., Mother was washing her hair in the kitchen sink when Brown came into the kitchen and told her something was missing from his room.2 Mother responded that she would be with him as soon as she finished washing her hair. Brown waited for a moment, but he left the kitchen before Mother finished washing her hair. She stated she then heard some “scuffing around” coming from the second floor of the house, and she heard a loud pop while she was trying to finish washing her hair. This noise was caused by the Victim and Brown.
Initially, Mother attributed this sound to the television. She left the kitchen to investigate and realized the television was not the source of the noise. The Victim then approached her and said, “Faye, that boy shot me,” and she saw a gunshot wound in the Victim's stomach. The Victim was taken to the hospital where he died.
The day following the shooting, Brown turned himself over to the authorities. Brown was charged with murder and possession of a firearm during the commission of a violent crime. The jury returned a guilty verdict for voluntary manslaughter and possession of a firearm during the commission of a violent crime. The trial court sentenced Brown to eighteen years for the voluntary manslaughter conviction and five years for the firearm conviction, with both sentences to run concurrently. This appeal followed.
In criminal cases, the appellate court sits to review errors of law only. State v. Wilson, 345 S.C. 1, 5-6, 545 S.E.2d 827, 829 (2001). The court is bound by the trial court's factual findings unless they are clearly erroneous. Id. This court does not re-evaluate the facts based on its own view of the preponderance of the evidence but simply determines whether the trial court's ruling is supported by any evidence. Id.
Brown contends the trial court erred by: (1) refusing to permit a jury view of the crime scene; (2) allowing the State to comment on his post-arrest silence; (3) admitting evidence that he had smoked marijuana on the day of the shooting; and (4) refusing a motion for mistrial and continuance. We address each issue in turn.
Brown contends the trial court abused its discretion by refusing to permit a jury view of the crime scene because the diagram misled and confused the jury regarding the layout of the house; the jury was unable to hear what it was like inside the house; the evidence admitted at trial did not help the jury appreciate the proximity and the size of the rooms in the house; and the evidence failed to depict the stairway and the vestibule where the shooting occurred. We disagree.3
Jury views are controlled by section 14-7-1320 of the South Carolina Code, which states in pertinent part:
The jury in any case may, at the request of either party, be taken to view the place or premises in question or any property, matter or thing relating to the controversy between the parties when it appears to the court that such view is necessary to a just decision....
S.C.Code Ann. § 14-7-1320 (Supp.2009) (emphasis added).
A jury view is a matter within the discretion of the trial court. State v. McHoney, 344 S.C. 85, 100, 544 S.E.2d 30, 37 (2001). The trial court's decision will not be reversed absent an abuse of discretion. Id.
During Mother's testimony, the State sought to introduce a diagram that showed the layout of the home. The State conceded the diagram was not drawn to scale, but the purpose of the diagram was to show the locations of each of the rooms in the house in relation to each other. Defense counsel stated, “I don't object to the Court's ruling, although I would ask the Court, if it's going to be introduced, that it give more weight to our request for a jury-scene visit, crime scene visit.” The trial court admitted the diagram into evidence and denied the jury view request.
The State and defense counsel, along with several witnesses, acknowledged the diagram was not to scale. For example Mother stated the diagram was not drawn to scale, but was an accurate representation of the location of the rooms with respect to each other. Officer Heath King agreed with the State's contention that the diagram was not drawn to scale, but he stated it showed with accuracy the layout of the house. Officer Richard Holmes agreed with defense counsel that the diagram was not intended to show the size of the rooms, but it was a layout of the house. Officer Rene Charles agreed with the State that the diagram was not to scale, but it accurately depicted the layout of the house. Based on the foregoing, the jury knew the diagram was not drawn to scale but that it correctly portrayed the layout of the house. Thus, the jury was not misled or confused regarding the layout of the house.
As to Brown's contention the jury was unable to hear what it was like inside the house, Mother's testimony shed light on the subject. Mother stated she heard noise coming from the second floor of the house while she was downstairs in the kitchen washing her hair. She also stated she heard the Victim come down the stairs. The jury might not have been able to hear the acoustic conditions of the house, but from Mother's testimony, it was apparent that a person on the first floor could hear what occurred on the second floor.
Additionally, the evidence admitted at trial showed the proximity and the size of the rooms in the house, including the stairway and the vestibule where the shooting occurred. Mother stated the house was small, the stairway narrow and dark, and described the confines of the house in general. Officer Holmes testified the house “is a confined area.” Officer Charles, who took photographs of the crime scene, used these photographs to show the location of the Victim when the police arrived. One of these photographs showed the stairway.
Moreover, the trial court, in declining the request for a jury view, stated:
Based on the foregoing, we cannot conclude the trial court improperly denied the jury view request. Id. (); Id. at 100-101, 544 S.E.2d at 37-38 ().
Brown next contends the trial court erred by allowing the State to comment on his post-arrest silence. We disagree.
During the trial, the State called Officer Richard Burckhardt to testify. The solicitor asked Officer Burckhardt if Brown complained of any injuries after he turned himself into the authorities, and Officer Burckhardt replied in the negative. Defense counsel moved for a mistrial, arguing Burckhardt's testimony constituted a statement against Brown's interest.
Brown invoked his Miranda4 rights immediately after he turned himself over to the authorities. Thereafter, Brown was placed in a patrol car and transported to the City Police Department where he was formally charged and processed. During this time, Officer Burckhardt used a questionnaire to inquire about Brown's mental and medical information, including existing medical conditions.5
Defense counsel argued Brown invoked his Miranda rights, and any subsequent statements made by Brown would violate his right to remain silent. The trial court found Miranda inapplicable because Officer Burckhardt's questions were routine administrative questions, and it allowed his testimony. On appeal, Brown asserts this decision was erroneous.
The admission of evidence rests in the sound discretion of ...
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