State v. Presson
229 N.C. App. 325
| N.C. Ct. App. | 2013Background
- June 6, 2010: Presson met Jessica at bar; she resists participation in wet t‑shirt contest and he forcibly blocks her entry.
- Outside, Presson carried a chef’s knife; a confrontation with Brandon escalated into a fight and stabbing.
- Donnie Fox, head of security, disrupted fights and escorted both parties from the bar.
- Brandon was found dead, 33 stab wounds; knife recovered ~30 feet from Brandon’s body.
- Defendant was indicted for second‑degree murder but convicted of the lesser included offense of voluntary manslaughter.
- Trial court denied defense motions; defendant appeals alleging insufficient evidence, improper self‑defense instructions, and jury‑request denial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there was sufficient evidence defendant did not act in perfect self‑defense | State: substantial evidence supports not acting in perfect self‑defense | Presson: evidence supports perfect self‑defense | No; substantial evidence supports finding not in perfect self‑defense |
| Whether jury instructions on aggressor/self‑defense were proper without sufficient aggressor evidence | State: evidence supports aggressor finding | Presson: no evidence he was aggressor | No plain error; instruction proper based on record |
| Whether denial of jury’s request to review Donnie Fox testimony was prejudicial error | State: Fox testimony relevant to aggressor/excessive force | Presson: request should have been granted | Harmless error; instructions adequately instructed jury |
Key Cases Cited
- State v. Cruz, 203 N.C. App. 230 (2010) (self-defense elements; reasonable belief; not the aggressor)
- State v. Revels, 195 N.C. App. 546 (2009) (imperfect self-defense when aggressor or excessive force)
- State v. Lyons, 340 N.C. 646 (1995) (excessive force in self-defense analysis; aggressor considerations)
- State v. Ross, 338 N.C. 280 (1994) (elements of reasonable belief in self-defense)
- State v. Lassiter, 160 N.C. App. 443 (2003) (self-defense when excessive force or aggressor status)
- State v. Gilreath, 118 N.C. App. 200 (1995) (motion to dismiss standard; substantial evidence test)
- State v. Pate, 187 N.C. App. 442 (2007) (plain error review prerequisites)
- State v. Rose, 339 N.C. 172 (1994) (standard for evaluating evidence on self-defense)