State v. Faulk
State v. Faulk
Opinion
*256 When the evidence relevant to a defendant's motion to suppress is undisputed, a trial court denying the motion need not make findings of fact, but it must explain its rationale. Failure to do so precludes meaningful appellate review and requires remand.
Tiffany Faulk ("Defendant") appeals from a judgment following a jury verdict finding her guilty of first degree murder on the basis of malice, premeditation and deliberation. Defendant argues that: (1) the trial court committed plain error by failing to instruct the jury on the defense of duress; (2) the trial court abused its discretion by allowing into evidence photographs depicting the victim's injuries and the crime scene; and (3) the trial court erred by denying her motions to suppress other evidence. After careful review, we remand to the trial court to make the necessary conclusions of law regarding Defendant's motions to suppress.
Factual and Procedural History
The evidence at trial tended to show the following:
On 6 November 2010, Defendant and Kenneth Gore ("Gore") were staying with a friend in the Berry Court Apartments in Chadbourn, North Carolina. On occasion, and twice on 6 November 2010, Defendant would knock on Ms. Bonnie Fowler's door to use her phone. Ms. Fowler, a 77-year-old woman, lived alone in the apartment next door to where Defendant and Gore were staying, and would oblige Defendant's request to make calls.
At some point in the late afternoon or early evening of 6 November 2010, Ms. Fowler was attacked in her kitchen. She suffered repeated blows to the head and multiple stab wounds, and died as a result of her injuries. Security footage from the apartment complex showed Ms. Fowler's car leaving the parking lot that same evening at approximately 8:13 p.m.
The next day, 7 November 2010, around 9:00 a.m., Ms. Fowler's daughter arrived at her mother's apartment to pick her mother up for church. When Ms. Fowler did not answer her door, her daughter retrieved an extra key and let herself into Ms. Fowler's apartment. Upon entering, Ms. Fowler's daughter found the apartment ransacked and her mother's body in the kitchen; she immediately called 9-1-1.
*257 Police arrived and secured the crime scene. Detectives found several bloody footprints in the kitchen. Police also found a hammer in one of the closets, which later tested positive for the presence of Ms. Fowler's blood. The medical examiner documented numerous injuries, which included several defensive wounds and stab wounds. The medical examiner concluded that the cause of death was from multiple stab wounds to Ms. Fowler's chest.
On 9 November 2010, the North Carolina State Bureau of Investigation (the "SBI") contacted the Maryland State Police regarding Defendant's and Gore's outstanding arrest warrants in connection with Ms. Fowler's death. The SBI provided Maryland police with copies of the arrest warrants and a description of the homicide and apparent theft of Ms. Fowler's car. Maryland police contacted Defendant's sister, who was living in Baltimore. Defendant's sister took police to a row house in Baltimore where Defendant and Gore were staying.
Maryland police converged on the row house, and as officers knocked on the front door, Gore fled out the back door where he was immediately apprehended by police. Gore told police that Defendant was upstairs, and two officers entered the row house, performed a protective sweep, and arrested Defendant. The officers secured the house while a search warrant was obtained. While the officers were waiting for the warrant, the owner of the house arrived.
Once the warrant was issued, the owner of the row house led police to items identified as belonging to Defendant and Gore. The police recovered various items from the basement, including the following: clothing, a steak knife, a pair of Jordan tennis shoes, a pair of Adidas tennis shoes, a cell phone, and a pill bottle with Ms. Fowler's name on it. Crime lab results from the items revealed that the two pairs of shoes were consistent with the shoes that made the bloody shoeprints in Ms. Fowler's apartment. The Adidas *626 tennis shoes also tested positive for Ms. Fowler's DNA.
On 17 November 2010, Defendant provided police with a voluntary statement concerning the events leading up to her arrest. During the interview, Defendant told police that she had used Ms. Fowler's phone twice on 6 November 2010, witnessed Gore stab Ms. Fowler while Ms. Fowler was bleeding on the kitchen floor, and drove Ms. Fowler's car to Baltimore with Gore. Defendant explained that she had not attempted to flee from Gore because she was afraid of how he would react.
Defendant was indicted on 10 February 2011 for one count of first degree murder and on 6 October 2011 for one count of robbery with *258 a dangerous weapon. A hearing was held on 25 July 2016 to address Defendant's various pre-trial motions, including three motions to suppress-the first filed in August 2013 and the second two filed on 5 and 14 July 2016.
At the outset of the hearing, Defendant's counsel withdrew the August 2013 motion to suppress. Defendant's counsel proceeded to argue the motions filed on 5 and 14 July 2016, which sought to exclude evidence obtained from the Baltimore row house following Defendant's arrest and pursuant to a search warrant and Defendant's statement to police. The trial court denied the motions, announcing from the bench that "the State has met its burden, proven by a preponderance of the evidence; that the challenged evidence is admissible." The trial court then instructed the prosecutor to draft a written order disposing of the motions to suppress, stating that "there's no conflict as to the testimony and the evidence presented." The trial court then asked whether there was "[a]nything else we need to address from the defense in regards to those motions?" Defense counsel responded, "No, sir."
At trial, Defendant's counsel properly objected to each item of evidence which the motions to suppress sought to exclude. Following presentation of the evidence, the trial court instructed the jury on first degree *627 murder on the basis of premeditation and deliberation, armed robbery, and felony murder based on armed robbery. The trial court also instructed the jury on duress as a defense to the armed robbery and first degree murder on the basis of felony murder charges.
The jury returned a verdict finding Defendant guilty of first degree murder on the basis of premeditation and deliberation and guilty of robbery with a dangerous weapon. The trial court imposed a mandatory life prison sentence without the possibility of parole for the first degree murder conviction and 73 to 97 months in prison for the robbery with a dangerous weapon conviction.
Defendant entered a notice of appeal in open court.
Analysis
I. Jury Instructions
Defendant first argues that the trial court committed plain error by failing to instruct the jury on duress as a defense to the charge of first degree murder on the basis of premeditation and deliberation. We disagree.
Both parties assert plain error as the proper standard of review on appeal because Defendant's counsel failed to renew his request for a
*259
duress instruction as a defense for premeditation and deliberation. However, our Supreme Court's decision in
Wall v. Stout
,
The North Carolina Supreme Court has held that "duress is not a defense to murder in North Carolina."
State v. Cheek
,
Notwithstanding established precedent, Defendant cites
State v. Gibson
,
Gibson
and
Grant
are inapposite to the case before us, because Defendant is challenging the trial court's failure to charge the jury with the defense of duress on the charge of first degree murder on the basis of premeditation and deliberation, not the admissibility of evidence under Rule 404(b). As discussed above, the issue here was determined by
Clodfelter
where we held, as we do today, that a trial court does not commit plain error by failing to instruct on the defense of duress on a charge of first degree murder on the basis of premeditation and deliberation.
Clodfelter
,
II. Photographic Evidence
Defendant next argues that the trial court abused its discretion by admitting repetitious photographs of the victim and crime scene that unfairly prejudiced her-an error for which Defendant now seeks a new trial. We disagree.
The determination of whether to admit photographic evidence "lies within the sound discretion of the trial court, and the trial court's ruling should not be overturned on appeal unless the ruling was manifestly unsupported by reason or [was] so arbitrary that it could not have been the result of a reasoned decision."
State v. Goode
,
The North Carolina Supreme Court has explained:
The test for excess is not formulaic: there is no bright line indicating at what point the number of crime scene or autopsy photographs becomes too great. The trial court's task is rather to examine both the content and the manner in which photographic evidence is used and to scrutinize the totality of circumstances composing *628 that presentation. What a photograph depicts, its level of detail and scale, *261 whether it is color or black and white, a slide or a print, where and how it is projected or presented, the scope and clarity of the testimony it accompanies-these are all factors the trial court must examine in determining the illustrative value of photographic evidence and in weighing its use by the state against its tendency to prejudice the jury.
Id. at 285,
Here, the trial court allowed the State to introduce approximately twenty photographs. These photographs depicted various angles and details of the crime scene. They depicted the victim's location and her injuries. The photographs corroborated Defendant's statement to officers that the victim was attacked in her kitchen, suffered a head injury, and was stabbed multiple times. The autopsy photographs illustrated the testimony of the medical examiner who described the injures as consistent with multiple and particular weapons, the defensive characteristics of some injuries, and the deliberate and persistent nature of the attack. We conclude that the photographs were relevant and had probative value.
We now review whether any unfair prejudice to Defendant outweighed the probative value of the photographs. We acknowledge that "the admission of an excessive number of photographs depicting substantially the same scene may be sufficient ground for a new trial when the additional photographs add nothing in the way of probative value but tend solely to inflame the jurors."
State v. Mercer
,
Having reviewed the photographs and determined their relevancy and probative value-that they corroborate Defendant's statements, illustrate the medical examiner's testimony, and tend to support a finding of premeditation and deliberation-we cannot conclude that the trial court's decision was so arbitrary that it could not have been supported by reason. Accordingly, we overrule Defendant's argument.
III. Motions to Suppress
Defendant's final argument is that the trial court erred by denying her motions to suppress evidence and her statements to police because they were tainted by an illegal arrest and search warrant. 1 Because the trial court failed to provide its rationale for denying the motions at the hearing and its written order lacks adequate conclusions of law, we are unable to engage in meaningful appellate review with regard to this issue.
"The standard of review in evaluating the denial of a motion to suppress is whether competent evidence supports the trial court's findings of fact and whether the findings of fact support the conclusions of
*629
law."
State v. Biber
,
When ruling on a motion to suppress following a hearing, "[t]he judge must set forth in the record his findings of facts and conclusions of law." N.C. Gen. Stat. § 15A-977(f) (2015). While this statute has been interpreted by the North Carolina Supreme Court to require findings of fact "only when there is a material conflict in the evidence[,]"
State v. Bartlett
,
"Generally, a conclusion of law requires 'the exercise of judgment' in making a determination, 'or the application of legal principles' to the facts found."
State v. McFarland
,
In
Baskins
, this Court reviewed a similar order denying a defendant's motion to suppress. --- N.C. App. at ----,
The temporary detention of a motorist upon probable cause to believe he has violated a traffic law (such as operating a vehicle with expired registration and inspection) is not inconsistent with the Fourth Amendment's prohibition against unreasonable searches and seizures, even if a reasonable officer would not have stopped the motorist for the violation. [citation omitted] [Detective] O'Hal was justified in stopping [the] Defendant[s'] vehicle.
As in Baskins , the trial court here did not provide its rationale during the hearing and the trial court's order lacks adequate conclusions of law applying necessary legal principles to the facts presented. The written order's sole conclusion of law states:
That [N.C. Gen. Stat. §] 15A-401(E) was not applicable to the arrest of Tiffany Faulk in the State of Maryland and the arrest and subsequent search was not in violation of the Fourth and Fourteenth *630 Amendments of the United States Constitution, therefore, the motion to suppress filed by the Defendant in this matter on July 5, 2016 is hereby denied.
This conclusion does not provide the trial court's rationale regarding why Defendant's warrantless arrest while in a private home-an act that was held unconstitutional by the United States Supreme Court in
Payton v. New York
,
The trial court's written order does not address the 14 July 2016 motion to suppress evidence obtained pursuant to the search warrant. It is apparent from the trial transcript that defense counsel understood the trial court's announcement, that "the challenged evidence is admissible," amounted to a denial of that motion. However, neither the trial court's cursory explanation of its ruling nor the written order provides a rationale for this denial. Accordingly, we must remand the denial of the 14 July 2016 motion to suppress to the trial court to make necessary conclusions of law relevant to the challenged search warrant.
Defendant also argues that the trial court's ruling was inadequate because the findings of fact in the written order do not relate to the search warrant and therefore cannot support a conclusion denying the 14 July 2016 motion. However, the absence of factual findings alone is not error because "only a material conflict in the evidence-one that potentially affects the outcome of the suppression motion-must be
*265
resolved by explicit factual findings that show the basis for the trial court's ruling."
Bartlett
,
Even though findings of fact are not required, the trial court's failure to provide its rationale from the bench, coupled with the omission of any mention of the motion challenging the search warrant, precludes meaningful appellate review of that ruling. It is the trial court's duty to apply legal principles to the facts, even when they are undisputed. We therefore hold that the trial court erred by failing to either provide its rationale from the bench or make the necessary conclusions of law in its written order addressing both of Defendant's motions to suppress.
"Where there is prejudicial error in the trial court involving an issue or matter not fully determined by that court, the reviewing court may remand the cause to the trial court for appropriate proceedings to determine the issue or matter without ordering a new trial."
State v. Neal
,
If the trial court determines that the motion to suppress was properly denied, then [the] defendant would not be entitled to a new trial because there would have been no error in the admission of the evidence, and his convictions would stand. If, however, the court determines that the motion to suppress should have been granted, [the] defendant would be entitled to a new trial.
Id. at 656-57,
For the foregoing reasons, we hold that the trial court did not err by failing to instruct the jury on duress as a defense to first degree murder on the basis of premeditation and deliberation. We also hold that the trial court did not abuse its discretion by admitting the photographs depicting the crime scene and the victim's injuries. Finally, we hold that the trial court did not err in failing to make findings of fact to support its ruling because the evidence related to the rulings was undisputed. Nevertheless, we remand this case to the trial court to make proper conclusions of law regarding its decision to deny Defendant's motions to suppress. If, on remand, the trial court decides to make additional findings of fact, it has the discretion to do so.
NO ERROR IN PART, REMANDED IN PART.
Judges BRYANT and DAVIS concur.
Defendant asserts in her brief before this Court that she appeals the trial court's denial of three motions to suppress. However, the record reveals that Defendant withdrew her initial motion to suppress, which was filed in August 2013. Accordingly, we only address Defendant's appeal as to the two motions filed in July 2016.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.