State v. McGrady, 232 N.C. App. 95 (Jan. 21, 2014)

review granted, 367 N.C. 505 (Jun. 11, 2014)

In murder case involving a claim of self-defense, the trial court did not err by excluding the defense expert testimony, characterized by the defendant as pertaining to the victim’s proclivity toward violence. The court noted that where self-defense is at issue, evidence of a victim’s violent or dangerous character may be admitted under Rule 404(a)(2) when such character was known to the accused or the State’s evidence is entirely circumstantial and the nature of the transaction is in doubt. The court concluded that the witness’s testimony did not constitute evidence of the victim’s character for violence. On voir dire, the witness testified only that that the victim was an angry person who had thoughts of violence; the witness admitted having no information that the victim actually had committed acts of violence. Additionally, the court noted, there was no indication that the defendant knew of the victim’s alleged violent nature and the State’s case was not entirely circumstantial. The court also rejected the defendant’s argument that the trial court’s ruling deprived him of a right to present a defense, noting that right is not absolute and defendants do not have a right to present evidence that the trial court, in its discretion, deems inadmissible under the evidence rules.