231 N.C. App. 605
N.C. Ct. App.2014Background
- Defendant James Allen Minyard was tried by jury and convicted of attempted first-degree sexual offense, five counts of taking indecent liberties with a minor, and habitual felon status; concurrent prison terms were imposed.
- Allegations arose from Theodore (a child with an IQ of ~64) who testified Defendant touched his buttocks with his penis multiple times and described other sexualized touching; medical exam noted a healed anal fissure; forensic interview and family reports corroborated complaints.
- At close of State’s evidence the court dismissed one indecent-l liberties count and first-degree sexual offense but allowed attempted first-degree and five indecent-l liberties counts to proceed; jury convicted on those counts.
- During jury deliberations Defendant ingested large quantities of sedatives and alcohol, became stuporous and was removed from the courtroom; the jury continued and returned a verdict in his absence; Defendant later contested the court’s failure to hold a sua sponte competency hearing.
- Trial court conducted in camera review of sealed child records and withheld medical records; Defendant appealed, challenging (1) sufficiency of evidence on attempt and indecent liberties counts, (2) sua sponte competency inquiry, and (3) the in camera disclosure ruling.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for attempted first-degree sexual offense | Theodore’s testimony that Defendant placed his penis on the child’s buttocks supports intent and overt acts required for attempt | Insufficient evidence of intent or overt acts to support attempt; dismissal required | Affirmed: Theodore’s testimony supplied sufficient evidence of intent and overt acts for attempt; denial of dismissal proper |
| Sufficiency for five counts of indecent liberties | Child’s statements that the penis touched his buttocks "four or five times," plus corroboration, support multiple distinct counts and sexual-purpose inference | Testimony only shows suspicion/conjecture as to number and not separate incidents; insufficient to sustain five counts | Affirmed: acts were more than mere touchings and could support multiple counts; purpose to arouse may be inferred |
| Failure to conduct sua sponte competency hearing after overdose | Defendant voluntarily ingested intoxicants and thereby waived his right to be present; no sua sponte hearing required in non-capital case | Court should have inquired sua sponte because Defendant was "stuporous" and nonresponsive, raising bona fide doubt about competency | Affirmed: although facts could raise doubt, Defendant voluntarily intoxicated himself in a non-capital trial and waived presence; court did not err |
| In camera review and disclosure of child records | Trial court reviewed sealed records and found no exculpatory materials to compel disclosure | Defendant contends records contained exculpatory material and should have been disclosed | Affirmed: appellate in camera review found no material favorable evidence withheld |
Key Cases Cited
- Miller v. State, 344 N.C. 658 (N.C. 1996) (elements of attempt: intent, overt act beyond preparation, and failure to consummate)
- State v. Buff, 170 N.C. App. 374 (N.C. Ct. App. 2005) (overt acts and touching may support attempted sexual-offense convictions)
- State v. McClary, 198 N.C. App. 169 (N.C. Ct. App. 2009) (indecent liberties covers a broad range of acts; purpose to arouse may be inferred)
- State v. James, 182 N.C. App. 698 (N.C. Ct. App. 2007) (multiple sexual acts in a single encounter can support multiple indecent-liberties indictments)
- Diaz v. United States, 223 U.S. 442 (U.S. 1912) (defendant who voluntarily absents himself during noncapital trial waives right to be present)
- State v. Harding, 110 N.C. App. 155 (N.C. Ct. App. 1993) (voluntary drug use during trial does not automatically destroy competency)