219 N.C. App. 390
N.C. Ct. App.2012Background
- Defendant robbed Garner Plaza Bank of America on 21 November 2007 with a firearm.
- The weapon used was seized and later linked to five unsolved murders.
- Defendant initially denied involvement but eventually confessed to all five murders.
- Indictments were returned between 10 December and 11 December 2007.
- Defendant moved to suppress statements on 22 October 2009; motion denied on 17 December 2009.
- Trial court convicted Defendant on all counts; sentences imposed for robbery and five murders; Defendant appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the confession voluntary despite police threats? | Cooper asserts threats violated Fifth Amendment rights. | Cooper contends threats coerced confession. | Confession voluntary; no coercion found. |
| Did Defendant correctly invoke right to remain silent? | State argues no unambiguous invocation occurred. | Cooper maintained silence; invocation was unambiguous. | No unambiguous invocation of right to silence found. |
| Did arrest of a relative and subsequent police conduct re-initiate interrogation after invocation of counsel? | State asserts no improper re-initiation occurred. | Arrest of father and display amounted to re-initiation after invoking counsel. | Interrogation not re-initiated; Defendant initiated further conversation and waived rights. |
| Was the jury instruction on deliberation error harmless? | Defendant sought broader meaning of deliberation. | Instruction omitted elements may be reversible error. | Any error deemed harmless beyond a reasonable doubt; multiple independent grounds supported verdict. |
Key Cases Cited
- State v. Gainey, 355 N.C. 73 (2002) (voluntariness standard; totality of circumstances; improper inducement)
- State v. Corley, 310 N.C. 40 (1984) (totality-of-circumstances test for voluntariness)
- Berghuis v. Thompkins, 560 U.S. 370 (2010) (invocation of right to remain silent must be unambiguous)
- State v. Hyatt, 355 N.C. 642 (2002) (unambiguous invocation of right to counsel required)
- State v. Golphin, 352 N.C. 364 (2000) (re-initiation after invoking counsel; police conduct analyzed)
- State v. Bunch, 363 N.C. 841 (2010) (harmless-error review for jury instruction omissions)
- State v. Nelson, 341 N.C. 695 (1995) (harmless-error standard in review of jury instructions)