236 N.C. App. 192
N.C. Ct. App.2014Background
- On December 9, 2009, after drinking and drug use, James Douglas Triplett and three others went to Bruce Barnes’s home; Barnes was fatally stabbed during a skirmish. Triplett was indicted for first-degree murder, robbery with a dangerous weapon, and first-degree burglary.
- At trial, the State’s theory was that the four men planned to rob Barnes and Triplett committed first-degree felony murder in the perpetration of that robbery; Triplett testified he was unaware of any robbery plan and stabbed Barnes in defense of others.
- Triplett was convicted of first-degree felony murder; the court arrested judgment on the lesser convictions and sentenced Triplett to life with parole eligibility. He appealed.
- The defense sought to impeach State witness Teresa Ogle (Triplett’s sister) with a recorded voicemail she left a family member after charges were filed, arguing the recording showed bias and motive to lie (arising from family conflicts, eviction, and alleged witness intimidation).
- The trial court excluded the voicemail under Rules 402/403, concluding the tape’s probative value was outweighed by confusion and prejudice; the defense insisted on playing it despite the court’s ruling.
- The Court of Appeals held the tape was relevant impeachment evidence bearing on Ogle’s bias and credibility, that exclusion under Rule 403 was an abuse of discretion, and that the error was prejudicial—granting a new trial. The court declined to decide the separate claim concerning use of Triplett’s post-arrest silence.
Issues
| Issue | State's Argument | Triplett's Argument | Held |
|---|---|---|---|
| Whether the trial court erred by excluding a voicemail recording of witness Teresa Ogle used to impeach her credibility and show bias | The voicemail concerned family eviction and related matters (witness intimidation charge) and was irrelevant or more prejudicial and confusing than probative under Rule 403 | The voicemail was relevant impeachment evidence showing Ogle’s animus/bias and undermined her trial testimony that she had no hard feelings toward family | Reversed: exclusion was an abuse of discretion; voicemail was relevant impeachment evidence and exclusion prejudiced Triplett; new trial granted |
| Whether the State improperly used Triplett’s silence against him | State argued failure to mention self-defense indicated a concocted story | Triplett contended his silence was improperly used to impeach or infer guilt | Not decided on appeal; left to trial court on retrial because record unclear whether custodial Miranda warnings had been given |
Key Cases Cited
- State v. Whaley, 362 N.C. 156, 655 S.E.2d 388 (N.C. 2008) (discusses broad latitude to cross-examine on credibility and standards of evidentiary review)
- State v. Lewis, 365 N.C. 488, 724 S.E.2d 492 (N.C. 2012) (trial court cannot abridge right to cross-examine witness for bias; defendant may accept risk of prejudice)
- State v. Withers, 111 N.C. App. 340, 432 S.E.2d 692 (N.C. Ct. App. 1993) (upheld exclusion of tape where impeachment evidence was cumulative and came in through other testimony)