219 N.C. App. 151
N.C. Ct. App.2012Background
- Parnell was shot twice July 2, 2008, while in his truck near a dumpster behind a Robeson County grocery store.
- Defendant Lowery, Joshua Goodson, and Nicholas Blackmon were present at the dumpster area; Goodson and Blackmon later cooperated and testified for the State.
- Goodson testified Lowery was in his car, went to the dumpster, and Lowery later said, “Man, I be trippin’.”
- Blackmon testified Lowery stated, “I’m going to get his ass” and that Lowery shot Parnell because “he wouldn’t give it up.”
- Lowery was 16 at the time of the shooting, initially denied involvement, later confessed; convicted by jury of first degree murder under the felony-murder rule (robbery with a dangerous weapon).
- The trial court sentenced Lowery to life imprisonment without the possibility of parole.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admission of Dr. Fisher testimony | Fisher testimony would show confession was coerced by death-penalty threat | Statement to Fisher admissible under Rule 803(4) as medical diagnosis/treatment | Not admissible; not for diagnosis/treatment; denial affirmed. |
| Confrontation rights and attorney communications | Defense should be allowed to probe private attorney conversations to reveal bias | Attorney-client privilege should not bar questioning; relevant to bias | Privilege protected; error, if any, harmless beyond a reasonable doubt. |
| Cruel and unusual punishment | Life without parole for homicide juvenile is unconstitutional per Graham | Sentence constitutional under Lee; distinct from Graham | Not cruel and unusual; Lee controls; Graham not controlling here. |
| Challenge to jury foreperson for cause | Foreperson had ties to the District Attorney; should have been struck | Trial court abused discretion by not striking for cause | Waived for appellate review; defendant failed to renew per statutory method. |
| Right to present a full defense | Exclusion of Fisher and privilege issues limited defense | Defense rights preserved; no error | No error; defense not improperly curtailed. |
Key Cases Cited
- State v. Miller, 197 N.C. App. 78, 676 S.E.2d 546 (2009) (hearsay and Rule 803(4) analysis; de novo review of admissibility)
- State v. Hinnant, 351 N.C. 277, 523 S.E.2d 663 (2000) (Rule 803(4) medical-diagnosis exception; factors for admissibility)
- State v. Jones, 339 N.C. 114, 451 S.E.2d 826 (1994) (purpose of statements for diagnosis/treatment; defense motivation)
- State v. Murvin, 304 N.C. 523, 284 S.E.2d 289 (1981) (attorney-client privilege framework)
- In re Miller, 357 N.C. 316, 584 S.E.2d 772 (2003) (attorney-client privilege breadth and public policy)
- State v. Bishop, 346 N.C. 365, 488 S.E.2d 769 (1997) (harmless-error standard for review)
- Davis v. Alaska, 415 U.S. 308, 39 L.Ed.2d 347 (1974) (Confrontation rights and bias probing; privilege considerations)
- Graham v. Florida, 560 U.S. 48, 130 S. Ct. 2011 (2010) (juvenile LWOP limits; homicide context)
- State v. Sanders, 317 N.C. 602, 346 S.E.2d 451 (1986) (preservation of appeal rights for cause challenges)
- State v. Morgan, 359 N.C. 131, 604 S.E.2d 886 (2004) (renewal of for-cause challenge; mandatory preservation)