State v. Murray
229 N.C. App. 285
| N.C. Ct. App. | 2013Background
- Donnell Murray (Defendant) appeals his convictions for possession with intent to sell and deliver cocaine and sale of cocaine.
- Evidence included State’s Exhibits 7–9 (three photographs) and a videotape of the drug transaction.
- Police wired informant Phillip West, who purchased drugs from the accused on 18 January 2011.
- West identified a photograph in Exhibit 9 as Murray; Exhibits 7 and 8 depicted other men from whom West claimed past purchases.
- Exhibits 7–8 were admitted as substantive evidence; jury later reviewed the photos and videotape.
- Court grants new trial due to prejudicial error from admitting the potentially irrelevant photos; addresses other issues only briefly later in the opinion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Exhibits 7 and 8 were properly authenticated | Murray contends Exhibits 7–8 lack proper authentication | State failed to authenticate as depicting Murray’s sons | Yes; Exhibits 7–8 improperly authenticated |
| Whether Exhibits 7–8 were relevant | Exhibits 7–8 had probative value as past drug sources | Exhibits 7–8 were irrelevant to issues at trial | Yes; Exhibits 7–8 were irrelevant |
| Whether admission of Exhibits 7–8 was prejudicial | Admission influenced jury to conflate defendants with sons | Prejudicial impact outweighed probative value | Yes; prejudicial error requires new trial |
| Whether the trial court erred in responding to a jury request | Court failed to respond to request to review testimonies | Failure to respond aided jury in improper assessment | Reversal on prejudicial grounds; new trial warranted |
Key Cases Cited
- State v. Lee, 335 N.C. 244 (North Carolina Supreme Court 1994) (photograph authentication requires witness with knowledge of identity)
- State v. Williams, 363 N.C. 689 (North Carolina Supreme Court 2009) (relevancy rulings given great deference on appeal)
- State v. Wallace, 104 N.C. App. 498 (North Carolina Court of Appeals 1991) (relevancy and Rule 401 considerations given deference)
- Patterson v. State, 103 N.C. App. 195 (North Carolina Court of Appeals 1992) (Rule 401 relevance must be shown beyond facial authentication)