State v. WalkerÂ
252 N.C. App. 409
| N.C. Ct. App. | 2017Background
- Michael Todd Walker was indicted on 34 counts arising from attacks on two victims and waived a jury trial.
- After a bench trial, Walker was convicted of, among other offenses, two counts of assault with a deadly weapon with intent to kill inflicting serious injury (AWDWWIKISI) and one count of attempted first-degree murder.
- The trial court consolidated convictions and sentenced Walker to three consecutive life terms without parole.
- On appeal Walker argued the State failed to present sufficient evidence of the intent elements for four convictions (two AWDWWIKISI on K.D., one AWDWWIKISI on D.C., and attempted first-degree murder of K.D.).
- The State contended Walker did not preserve those sufficiency arguments because his motions to dismiss at trial challenged other specific elements (severity of injury, whether an attempt was carried out) and did not present a global insufficiency challenge to intent.
Issues
| Issue | State's Argument | Walker's Argument | Held |
|---|---|---|---|
| Whether Walker preserved on appeal a challenge to sufficiency of evidence as to the intent elements of four convictions | Walker did not preserve these arguments because his motions to dismiss at trial attacked specific elements other than intent and did not advance a general insufficiency motion | The State failed to prove intent for the four convictions | Affirmed; issues dismissed for failure to preserve — Walker did not make a general or sufficiently broad motion to dismiss as to intent at trial |
Key Cases Cited
- State v. Holliman, 155 N.C. App. 120 (N.C. Ct. App.) (rule barring new theories on appeal not raised at trial; no "swapping horses")
- State v. Baldwin, 117 N.C. App. 713 (N.C. Ct. App.) (insufficiency argument must be raised at trial to preserve appellate review)
- State v. Chapman, 781 S.E.2d 320 (N.C. Ct. App.) (challenge to one element at trial does not preserve distinct challenge to a different element on appeal)
- State v. Mueller, 184 N.C. App. 553 (N.C. Ct. App.) (distinguishes when a general motion to dismiss preserves sufficiency challenges to multiple charges)