889 S.E.2d 231
N.C. Ct. App.2023Background:
- Defendant Santario Kendell Miller was indicted for first-degree murder (felony murder) and possession of a firearm by a felon arising from the May 2018 killing of Shalamar Venable near a Charlotte bus stop.
- Two eyewitnesses testified that Miller left the bus stop, returned with another man, argued with Venable, produced a revolver, and shot her; both identified Miller in court and in photo lineups.
- Surveillance video showed a person near the bus stop wearing clothes similar to Miller’s; Miller viewed the footage during a police interview and said it “looks just like me,” then gave a version of events denying he shot Venable.
- A redacted recording of Miller’s custodial interview (redactions agreed with the State) was played to the jury; Miller did not present any evidence at trial.
- Jury convicted Miller of first-degree felony murder and possession of a firearm by a felon; he received life without parole plus a consecutive 17–30 month sentence and appealed.
Issues:
| Issue | State's Argument | Miller's Argument | Held |
|---|---|---|---|
| Admission of portions of redacted interview | Any error was invited/waived because defense agreed to redactions and admission | Statements contained hearsay, impermissible character evidence, implicated pre-arrest silence, and shifted burden — admission was erroneous | Invited-error doctrine did not apply; reviewed for plain error and, even assuming error, it was not plain error given strong eyewitness and video evidence — no reversible error |
| Prior-record-level calculation | State proved priors by submitting DCI‑CCH (NCSBI computerized record), which is a Department of Public Safety record admissible to prove prior convictions | State failed to prove prior felony convictions | DCI‑CCH qualifies under statute; trial court properly relied on it to set prior record level — no error |
Key Cases Cited
- Sumner v. Sumner, 227 N.C. 610, 44 S.E.2d 40 (N.C. 1947) (invited-error doctrine described)
- State v. Crane, 269 N.C. App. 341, 837 S.E.2d 607 (N.C. Ct. App. 2020) (invited-error waiver, including plain-error implications)
- State v. Roseboro, 344 N.C. 364, 474 S.E.2d 314 (N.C. 1996) (defendant agreement can invoke invited-error rule)
- State v. Lawrence, 365 N.C. 506, 723 S.E.2d 326 (N.C. 2012) (plain-error standard and prejudice inquiry)
- State v. Odom, 307 N.C. 655, 300 S.E.2d 375 (N.C. 1983) (foundation for plain-error doctrine)
- State v. Black, 276 N.C. App. 15, 854 S.E.2d 448 (N.C. Ct. App. 2021) (standard for prior-record-level determinations)