State v. Banks
210 N.C. App. 30
N.C. Ct. App.2011Background
- Holloway was murdered on 3 December 2007 on Pearson Bridge Road; Holloway was shot multiple times, including a head wound.
- Banks arrived at his brother's home around the time of the murder; Jones, Harrin, and Holloway had tensions involving Jones.
- Murder weapon a .32 caliber revolver was found where Holloway was killed; related shell casings and bullets linked to the revolver.
- Harrin gave a signed statement alleging Banks claimed to shoot Holloway; her statement and memory issues became central to impeachment.
- Defendant was tried non-capitally; jurors found him guilty of first-degree murder; sentenced to life without parole plus restitution.
- Appellate issues centered on sufficiency of evidence, admissibility/impeachment of Harrin’s statement, and handling of related testimonies.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence | State argues circumstantial proof supports defendant as perpetrator | Banks contends evidence is insufficient to show he committed the murder | Evidence sufficient to support defendant as perpetrator |
| Admission and impeachment of Harrin's prior statement | State may impeach Harrin with prior statement per Rule 607 | Harrin's prior statement improperly admitted and prejudicial | Impeachment permitted; assumed harmless error |
| Testimony of detectives about Harrin's statement | Detectives’ testimony explained Harrin's statements to locate the gun | Hearsay testimony improperly admitted | Downing admissible; Weaver’s testimony error but harmless |
| Motion to continue | Continued trial necessary for forensic testing and discovery | Denial violated due process and counsel's effectiveness | No reversible error; no constitutional prejudice shown |
| Ineffective assistance claims | Defense claims trial counsel ineffective for failing to object to certain cross-examinations | Counsel ineffective for not objecting to AK-47 cross-examinations | No reversible ineffectiveness demonstrated |
Key Cases Cited
- Ledford v. State, 315 N.C. 599 (1986) (circumstantial evidence may establish guilt beyond speculation)
- Hunt v. State, 324 N.C. 343 (1989) (impeachment of a witness who denies making a prior statement can be limited)
- Riccard v. State, 142 N.C. App. 298 (2001) (prior statement impeachment when witness admits making it)
- Rogers v. State, 352 N.C. 119 (2000) (presumption of prejudice from continuance denial varies by context)
- State v. Call, 349 N.C. 382 (1998) (prejudice not established when objections sustained)
- State v. Hunt, 324 N.C. 343 (1989) (impeachment rules and prejudice analysis under Hunt)