State v. Martin, COA23-190, ___ N.C. App. ___ (Feb. 20, 2024)

In this Rutherford County case, defendant appealed his convictions for various assault charges, first-degree kidnapping, obstructing justice, and violations of a domestic violence order, arguing (1) error in denying his motion to dismiss for insufficient evidence, (2) ineffective assistance of counsel, (3) failure to intervene ex mero motu during the State’s opening statement and closing argument, and (4) error in admitting Rule 404(b) evidence. The Court of Appeals found no error and dismissed defendant’s ineffective assistance of counsel claim without prejudice.  

In January of 2021, defendant and his girlfriend smoked methamphetamine together, and defendant became paranoid that his girlfriend was wearing a wire. He began ripping off her clothes, and eventually used a Sawzall to cut off her hoodie. Defendant also struck her in the head with a flashlight, causing bleeding. Defendant eventually dragged her into the bathroom and put her in the shower, but also struck her again with the showerhead and punched her. Defendant then dragged her into the living room and choked her until she passed out. After coming to trial, defendant was convicted of the charges and admitted to attaining habitual felon status. 

Taking up (1), the Court of Appeals noted that defendant presented the evidence in the light most favorable to him, not to the State, but the court conducted a review of the evidence under the proper standard regardless. The court walked through each charge on pages 6-12 of the Slip Opinion, including a discussion of the specific elements of each charge. The court spent significant time distinguishing between each assault charge with a distinct interruption between the assaults. Ultimately, the court concluded that there was no error in denying defendant’s motion to dismiss. 

Moving to (2), defendant’s argument was predicated defense counsel conceding his guilt during closing argument. The court found the record was not developed adequately to address this claim, dismissing it without prejudice. Reaching (3), defendant argued the State “deliberately appeal[ed] to the jurors’ sense of passion and prejudice” in its opening statement and closing argument. Slip Op. at 14. The court did not share this interpretation, noting “[w]hile the State argued passionately, it was within the bounds of decorum and propriety.” Id.

Finally, in (4) the court considered the admission of evidence under Rule of Evidence 404(b), specifically testimony about defendant’s previous abusive behavior towards his girlfriend during 2020. The court explained “[b]ecause Defendant’s conduct was admissible as proof of motive, intent, manner, and common scheme, [the witness’s] testimony was relevant for a purpose other than showing Defendant’s propensity for violence.” Id. at 18. The trial court also “carefully deliberated and made a well-reasoned decision” when admitting the evidence, showing no issue with admission under Rule of Evidence 403. Id.