State v. Capers
208 N.C. App. 605
| N.C. Ct. App. | 2010Background
- Defendant Javon Capers was convicted of first degree murder and sentenced to life without parole.
- Prosecution's evidence showed the killings occurred Aug. 26, 1999, involving multiple defendants and shootings at Light Oak and Holly Oak complexes.
- Detective Conner testified Capers was shackled during transport preparation prior to extradition back to North Carolina.
- Defense did not object to the shackling testimony at trial.
- Evidence included a pre-arrest flight-related statement Capers allegedly made to Detective Conner implying he would have fled if possible.
- Hamrick testified about her son Goodson's statement identifying Capers as shooter, offered as present sense impression.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether testimony about Capers being shackled at arrest violated Tolley. | State contends Tolley not controlling for arrest-stage shackling. | Tolley extends to trial shackles only; arrest shackling inference is prejudicial. | Plain error review not required; Tolley not extended to arrest-shackling testimony. |
| Whether Capers' post-arrest statement to Conner about waiting until midnight was admissible (relevance and Rule 403). | Statement admissible as consciousness-of-guilt flight evidence. | Prejudicial; little probative value beyond shock value. | Court held evidence admissible; not an abuse of discretion under Rule 403. |
| Whether Goodson's mother's testimony about his statement identifying Capers was admissible as present sense impression. | Statement made shortly after the shooting; admissible as present sense impression. | Hearsay; confrontation concerns not adequately addressed. | Admissible as present sense impression; no error. |
| Whether admission of Goodson's statements to Hamrick implicated confrontation clause issues given lack of specific argument. | Evidence admissible; policy against hearsay. | Appellate review abandoned for confrontation claim; no further error identified. |
Key Cases Cited
- Tolley v. North Carolina, 290 N.C. 349, 226 S.E.2d 353 (1976) (shackling during trial not to be extended to arrest context unless necessary)
- State v. Montgomery, 291 N.C. 235, 229 S.E.2d 904 (1976) (momentary view of shackling in transit not violating due process)
- State v. Fowler, 157 N.C. App. 564, 579 S.E.2d 499 (2003) (custody remarks do not carry same prejudice as courtroom shackling)
- State v. Rainey, 198 N.C. App. 427, 680 S.E.2d 760 (2009) (flight evidence admissible to show consciousness of guilt; probative value vs. prejudicial impact)