State v. AllbrooksÂ
256 N.C. App. 505
| N.C. Ct. App. | 2017Background
- On Sept. 12, 2013 defendant Carlouse Allbrooks confronted a group near Shannon Smith’s apartment; an argument occurred and Allbrooks shot Tyrone Allmond, who later died.
- Bre'Onica Durant, an eyewitness and cousin of the victim, gave a signed statement to police shortly after the shooting and later testified at trial.
- At trial the State admitted Durant’s signed out‑of‑court statement over Allbrooks’s objection, but limited its use to corroboration of her in‑court testimony.
- A jury convicted Allbrooks of first‑degree murder; the trial court sentenced him to life without parole.
- On appeal Allbrooks challenged (1) admission of the out‑of‑court statement for corroboration, (2) the trial court’s refusal to instruct on voluntary manslaughter, and (3) denial of his motion to dismiss on double jeopardy grounds following a prior mistrial.
Issues
| Issue | State's Argument | Allbrooks's Argument | Held |
|---|---|---|---|
| Admissibility of prior consistent statement for corroboration | Statement was generally consistent and admissible to corroborate Durant’s testimony | Statement added critical details not otherwise in evidence and thus should be excluded | Admissible — slight variations permissible; statement corroborated trial testimony and trial court did not abuse discretion |
| Lesser‑included offense instruction (voluntary manslaughter) | State’s evidence proved all elements of first‑degree murder; no evidence of heat of passion | Defendant acted under immediate grip of sufficient passion, so manslaughter instruction required | No instruction required — no evidence of sudden passion or provocation to reduce murder to manslaughter |
| Double jeopardy / motion to dismiss after hung jury | Precedent allows retrial after a mistrial due to a hung jury | Retrial violated double jeopardy (preserved for review) | No double jeopardy bar — retrial permissible; issue preserved only for further review |
Key Cases Cited
- State v. Cook, 195 N.C. App. 230 (corroboration standard and admissibility of prior consistent statements)
- State v. Walker, 204 N.C. App. 431 (prior consistent statements may contain slight variations and still be admissible)
- State v. Matsoake, 777 S.E.2d 810 (N.C. Ct. App.) (standard for lesser‑included offense instruction review)
- State v. Long, 87 N.C. App. 137 (heat of passion and the burden to produce evidence supporting voluntary manslaughter)
- State v. Odom, 316 N.C. 306 (retrial after hung jury does not violate double jeopardy)