State v. Williamson, ___ N.C. App. ___, 2022-NCCOA-265 (Apr. 19, 2022)

In this Robeson County case, the defendant was found guilty after a jury trial of second-degree murder, aggravated felony death by vehicle, and other offenses based on a motor vehicle crash that resulted in the death of a passenger. On appeal, the defendant argued that the trial court erred by failing to dismiss the charge of second-degree murder based on insufficiency of the evidence on malice. The Court of Appeals disagreed, noting evidence that showed the defendant, who had a history of impaired driving convictions, drove after consuming alcohol, continued to consume alcohol while driving over several hours, had a BAC that may have been as high as 0.20, and drove recklessly by engaging the emergency break and falling asleep while driving. Viewing that evidence in the light most favorable to the State, the Court concluded that there was sufficient evidence to submit the charge of second-degree murder to the jury.

The defendant also argued that the trial court erred by denying his motion for appropriate relief (MAR) alleging that a witness had recanted his trial testimony indicating that the defendant was the driver of the vehicle. That witness testified at an evidentiary hearing on the MAR that his trial testimony was false, but later asserted his Fifth Amendment privilege against self-incrimination on cross-examination, and then eventually failed to show up at all for a final hearing on the motion. The trial court found that the witness waived his privilege by testifying at the first hearing, but then substantially prejudiced the State’s ability to present its argument by failing to reappear and undergo cross-examination. The Court of Appeals concluded that the trial court properly applied the rule from State v. Ray, 336 N.C. 463 (1994), by striking the witness’s direct evidence in its entirety. Without that testimony, the defendant failed to meet his burden of proof, and the trial court thus properly denied the motion.