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STATE OF NORTH CAROLINA v. TIMOTHY LANE BEANE
No. COA00-421
(Filed 18 September 2001)
1. Witnesses--child--failure to administer oath
The trial court did not commit plain error in a taking indecent liberties and attempted
first-degree statutory sexual offense case by failing to administer the oath to a four-year-old
minor victim prior to taking her testimony, because the trial court determined that the minor
victim did not understand the meaning of placing her hand on the bible and concluded that
requiring her to do so would have been futile, but that the minor child did understand the
importance of telling the truth.
2. Constitutional Law--right of confrontation--opportunity to cross-examine witness
The trial court did not violate defendant's rights under the Sixth Amendment
Confrontation Clause in a taking indecent liberties and attempted first-degree statutory sexual
offense case by denying defendant an opportunity to cross-examine a four-year-old minor victim
during her competency voir dire, because: (1) as long as the victim's preliminary testimony
supports a conclusion that she understood her duty to tell the truth, then the court's failure to
grant a voir dire examination by defendant's counsel is harmless error; (2) where the trial court
limits defendant's ability to confront witnesses at a competency hearing but allows defendant full
cross-examination rights at trial, defendant's rights to confrontation under the Sixth Amendment
are not violated; and (3) defendant was not excluded from the hearing, his attorney was present,
and presumably he was allowed to confer with his attorney during and after the hearing.
3. Evidence--hearsay--corroboration
The trial court did not err in a taking indecent liberties and attempted first-degree
statutory sexual offense case by admitting testimony by a four-year-old minor victim's family
members and by a detective concerning the victim's out-of-court statements, because: (1) the
testimony was used as corroboration and tended to add weight and credibility to the victim's
testimony; (2) it is not necessary that corroborative evidence mirror the declarant's testimony and
may include new or additional information as long as the new information tends to strengthen or
add credibility to the testimony it corroborates; and (3) there is no evidence indicating the
statements were introduced as substantive evidence.
4. Appeal and Error--preservation of issues--failure to present argument or authority
The trial court did not abuse its discretion in a taking indecent liberties and attempted
first-degree statutory sexual offense case by allegedly denying defendant an opportunity to
meaningfully cross-examine witnesses and present a defense, because: (1) defendant failed to
present an argument or authority demonstrating that the trial court's ruling concerning his cross-
examination improperly influenced the jury's verdict; and (2) defendant failed to argue how not
allowing the questions listed in his brief violated any rule or statutory provision, and a review of
the specific questions reveals that they were leading, called for speculative answers, or solicited
marginal relevant evidence.
5. Indecent Liberties; Sexual Offenses--first-degree--motion to dismiss--sufficiency of
evidence
The trial court did not err by denying defendant's motions to dismiss the charges oftaking indecent liberties and a
ttempted first-degree statutory sexual offense at the close of all
evidence, because there was ample evidence to support defendant's convictions.
Appeal by defendant from judgment entered 18 November 1999 by
Judge James C. Davis in Union County Superior Court. Heard in the
Court of Appeals 28 March 2001.
Attorney General Michael F. Easley, by Assistant Attorney
General Sarah Ann Lannom, for the State.
Lisa Miles for defendant appellant.
TIMMONS-GOODSON, Judge.
Timothy Lane Beane (defendant) was convicted of one count of
taking indecent liberties with a minor and one count of attempted
first-degree statutory sexual offense. The trial court sentenced
defendant to a term of 157 to 198 months' imprisonment. Defendant
now appeals.
The evidence presented at trial tended to show that defendant
was married to Lisa, the prosecuting witness' (C.R.) aunt. C.R.,
who was four years old at the time of trial, testified that while
she was visiting defendant, he gave her a bad touch by pull[ing]
[her] legs up and kiss[ing] [her] down there on her no-no
which she [p]ee[d] with. According to C.R., defendant also put
cold stuff on his finger and rubbed it down there and it hurted
[sic]. C.R. further stated that at the time of the alleged
incident, she was not wearing any clothing, because defendant had
removed it. C.R. used anatomically correct dolls to demonstrate
how defendant touched her. According to C.R., she related the
above-noted incident to her stepgrandmother, her natural mother,
her father, her stepmother, and the detective investigating theallegations, Robert L. Rollins (Detective Rollins), all of whom
testified at trial.
C.R.'s stepgrandmother testified that in May 1998, she learned
that C.R. disliked Tim, her mommy's sister's husband, because
he was mean to her and hurt her. Upon further inquiry by her
stepgrandmother, C.R. told her that defendant had touched and
kissed her down there. Based upon her discussions with C.R., the
stepgrandmother informed C.R.'s stepmother that the stepmother and
C.R. needed to talk.
C.R.'s stepmother testified that defendant babysat for C.R. in
May 1998. After being questioned by her stepmother, C.R., upset
and crying, related that defendant had touched and kissed her down
there, pointing to her vaginal area. C.R. likewise told her
father of the incident, and he testified to the same at trial. The
father further recalled that when he and his wife took C.R. to
visit defendant and Lisa, C.R. would get really scared and start
crying hysterically[,]" stating, "I don't want to be here. I don't
want to see Tim. The father also testified that around the same
time as the alleged incident, he and his wife noticed that C.R.'s
vaginal area was red and swollen.
Upon learning of the alleged incident, C.R.'s father alerted
local law enforcement authorities. A uniformed officer was
dispatched to C.R.'s home, and shortly thereafter, Detective
Rollins began his investigation. The detective testified at trial
that in his first interview with C.R., the two discussed good
touches and bad touches, at which time, C.R. pointed to her
vaginal area and stated, Tim touched me down there. WhenDetective Rollins inquired as to Tim's identity, C.R. responded,
Lisa's Tim. In their second interview, C.R. used anatomically
correct dolls to demonstrate the incident. It was Detective
Rollins' opinion that C.R.'s behavior was consistent with that of
other child victims of sexual assault.
Defendant called C.R.'s natural mother to testify on his
behalf. The mother stated that C.R. informed her that Tim had
hurt her on her privates only after the interview with Detective
Rollins. Testifying on his own behalf, defendant denied ever
inappropriately touching C.R.
________________________
Defendant raises ninety-eight assignments of error on appeal,
but presents only six arguments in his appellate brief. As a
preliminary issue, we note that all assignments of error for which
no argument appears in defendant's brief are deemed abandoned. See
N.C.R. App. P. 28(b)(5)(2001).
Defendant assigns as error the following issues for review:
the trial court erred (I) in failing to give the oath to C.R. prior
to the admission of her testimony; (II) in not allowing defendant
to cross-examine C.R. during her competency voir dire; (III) in
admitting hearsay testimony as substantive evidence; (IV) in
denying defendant a right to meaningfully cross-examine witnesses
and present a defense; (V) in denying his motion to dismiss based
upon the insufficiency of the evidence. Furthermore, defendant
contends that the cumulative effect of the above-alleged errors was
so prejudicial that he did not receive a fair trial.
(I)
[1]By his first assignment of error, defendant contends the
trial court committed plain error in failing to administer the oath
to C.R. prior to taking her testimony. We disagree.
Prior to the presentation of evidence, the trial court
conducted a
voir dire of C.R. to determine her competency to
testify. The court first excused both the jury and others in
attendance, except for the parties, C.R., C.R.'s father, and C.R.'s
mother and stepmother. The court then proceeded with the
voir
dire, allowing the State to question C.R. C.R. answered standard
background questions, after which time the following exchange took
place:
Q [the State]: And if I told you that this
shirt was pink, would that be the truth or a
lie?
A [C.R.]: A lie.
Q: And what is a lie . . . ?
A: Something where you tell a thing that's
not the right answer.
Q: And what happens when you tell a lie?
A: You get in trouble.
. . . .
Q: What were you here to tell us today?
A: What Tim done [sic] to me.
Q: Okay. And when you tell us what Tim did
to you, are you going to tell us the truth or
tell us a lie?
A: The truth.
Q: And why were you going to tell us the
truth?
A: Because it really happened.
. . . .
Q: And do you understand that it's important
to tell the truth?
A: Yes.
Q: Okay. And that's what you're going to
promise to tell today, is the truth?
A: Yes.
The trial court further inquired of C.R. whether she attended
church or studied the Bible, and whether she knew what it mean[t]
to put [her] hand on the Bible and raise [her] right hand and . .
. take an oath to tell the truth. C.R. responded simply, I do
know to tell the truth. Based upon its inquiry, the court
concluded that C.R. did not understand the significance of taking
an oath and should not be required to do so. Defendant did not
object to the court's ruling. Pursuant to C.R.'s
voir dire
testimony, the court subsequently concluded that she was competent
to testify.
[I]n a criminal prosecution, the defendant is entitled to
have the testimony offered against him given under the sanction of
an oath. This is a part of his constitutional right of
confrontation.
State v. Robinson, 310 N.C. 530, 539, 313 S.E.2d
571, 577 (1984). Therefore, [b]efore testifying, every witness
shall be required to declare that he will testify truthfully, by
oath or affirmation administered in a form calculated to awaken his
conscience and impress his mind with his duty to do so. N.C. Gen.
Stat. § 8C-1, Rule 603 (1999).
Despite the constitutional nature of the oath requirement, our
appellate courts have consistently held that where the trial courtfails to administer the oath to a witness, the defendant's failure
to object waives appellate review of the court's error.
See
Robinson, 310 N.C. at 539-40, 313 S.E.2d at 577-78;
State v.
Hendricks, 138 N.C. App. 668, 671, 531 S.E.2d 896, 899 (2000);
State v. Sessoms, 119 N.C. App. 1, 4, 458 S.E.2d 200, 202 (1995),
affirmed, 342 N.C. 892, 467 S.E.2d 243,
cert. denied, 519 U.S. 873,
136 L. Ed. 2d 129 (1996);
In re Nolen, 117 N.C. App. 693, 696, 453
S.E.2d 220, 222-23 (1995). The rationale supporting the waiver of
appellate review in the above-referenced cases is that [i]f an
objection had been made, the trial court could have corrected the
oversight by putting the witness under oath and allowing him to
redeliver his testimony, if necessary.
Robinson, 310 N.C. at 540,
313 S.E.2d at 578.
Defendant acknowledges his failure to object, but argues that
his omission should not entirely bar our review because, unlike in
the above-cited cases, his objection would not have prompted the
trial court to take corrective action. Given that the court's
decision not to administer the oath was a deliberate one, we agree
that defendant's failure to object does not absolutely bar our
review in accordance with the aforementioned cases. The
objection's futility notwithstanding, defendant should have
objected to properly preserve the error.
See N.C.R. App. P.
10(b)(1) (2001). Because defendant failed to comply with our
Appellate Rules, he is entitled to relief only if he can
demonstrate plain error.
See State v. Roseboro, 351 N.C. 536, 552,
528 S.E.2d 1, 12,
cert. denied, 531 U.S. 1019, 148 L. Ed. 2d 498
(2000). Plain error is fundamental error amounting to a denial of the
accused's basic rights.
State v. Odom, 307 N.C. 655, 660, 300
S.E.2d 375, 378 (1983). To demonstrate plain error, the defendant
must prove (1) there was error and (2) without this error, the
jury would probably have reached a different verdict.
State v.
Najewicz, 112 N.C. App. 280, 294, 436 S.E.2d 132, 141 (1993),
disc.
review denied, 335 N.C. 563, 441 S.E.2d 130 (1994).
We cannot say the trial court's failure to administer the oath
to C.R. constituted a fundamental error having a probable impact on
the jury's verdict. The court determined that C.R. did not
understand the meaning of placing her hand on a Bible, and
concluded that requiring her to do so would have been an exercise
in futility.
See N.C. Gen. Stat. § 8C-1, Rule 603 official
commentary (1999)(stating that '[t]he rule [concerning the oath]
is designed to afford the flexibility required in dealing with
religious adults . . . and children. Affirmation is simply a
solemn undertaking to tell the truth; no special verbal formula is
required.')(quoting Fed. R. Civ. P. 603, commentary);
State v.
Davis, 106 N.C. App. 596, 605, 418 S.E.2d 263, 269 (1992)
(noting
that "it is not necessary for a witness to understand the
obligation to tell the truth from a religious point of view"),
cert. denied, 333 N.C. 347, 426 S.E.2d 710 (1993). The trial court
did conclude, however, that C.R. understood the importance of
telling the truth and found her competent to testify.
We determine
that any error in the court's failure to administer the oath to
C.R. was not plain error.
See Robinson, 310 N.C. at 540, 313
S.E.2d at 578 (holding that trial court's failure to give oath tochild witness did not amount to plain error). Accordingly,
defendant's first assignment of error is overruled.
(II)
[2]By his second assignment of error, defendant argues the
trial court erred in denying him an opportunity to cross-examine
C.R. during her competency
voir dire in violation of his rights
under the Confrontation Clause. We disagree.
The Sixth Amendment's Confrontation Clause states, in
pertinent part, "[i]n all criminal prosecutions the accused shall
enjoy the right . . . to be confronted with the witnesses against
him." U.S. Const. amend. VI;
accord N.C. Const. art. I, § 23
(In all criminal prosecutions, every person charged with a crime
has the right . . . to confront the accusers and witnesses with
other testimony . . . .). The opportunity for cross-examination,
protected by the Confrontation Clause, is critical for ensuring the
integrity of the fact-finding process.
Kentucky v. Stincer, 482
U.S. 730, 736, 96 L. Ed. 2d 631, 641 (1987).
In concluding that defendant should not be allowed to cross-
examine C.R. during her competency
voir dire, the trial court ruled
as follows:
[Defendant] will be allowed latitude in [the]
cross examination to try to discredit, so to
speak, her ability to testify and know the
difference between right and wrong. But
you're not entitled in the qualifications of
the witness to cross examine. Most of the
time the Court itself will determine whether
or not somebody is qualified to testify. I
have chosen to put that burden on the State by
requiring [it] to ask the questions of the
child, in that I had no earthly idea with her
being the age that she was whether she would
know anything at all, that she would be able
to say. The qualification is not a matter ofcross examination.
Under N.C. Gen. Stat. § 8C-1, Rule 601, "[e]very person is
competent to be a witness" unless "the court determines that he is
. . . incapable of understanding the duty of a witness to tell the
truth." N.C. Gen. Stat. § 8C-1, Rule 601 (a)(b) (1999).
Accordingly, all persons, regardless of age, are qualified to
testify, unless they lack the capacity to understand the difference
between telling the truth and lying.
See Davis, 106 N.C. App. at
605, 418 S.E.2d at 269;
see also State v. Jenkins, 83 N.C. App.
616, 621, 351 S.E.2d 299, 302 (1986)
(stating that, as a matter of
law, there is no age below which one is incompetent to testify),
certs. denied, 319 N.C. 675, 356 S.E.2d 791 (1987). Whether a
witness is qualified to testify is a determination within the sound
discretion of the trial court based on its observation of the
witness.
See State v. Fields, 315 N.C. 191, 204, 337 S.E.2d 518,
526 (1985). "Absent a showing that the ruling as to competency
could not have been the result of a reasoned decision, the ruling
must stand on appeal."
State v. Hicks, 319 N.C. 84, 89, 352 S.E.2d
424, 426 (1987);
see also State v. Rael, 321 N.C. 528, 532, 364
S.E.2d 125, 128 (1988) (upholding the trial court's finding that
four-year-old victim of sexual abuse was competent to testify).
In the instant case, the trial court found C.R. competent to
testify. Our review of the record supports the trial court's
decision. C.R. demonstrated an adequate understanding of the truth
and its importance, stating, [y]ou get in trouble [if you lie]."
Our Supreme Court has found similar evidence sufficient to support
a conclusion that a child witness was competent.
See State v.Jones, 310 N.C. 716, 722, 314 S.E.2d 529, 533 (1984) (upholding
the
trial court's determination that a child witness was competent
where she testified that she would get a spanking if she did not
tell the truth). Thus, the trial court did not abuse its
discretion in finding C.R. competent to testify.
In
State v. Huntley, 104 N.C. App. 732, 737, 411 S.E.2d 155,
158 (1991),
disc. review denied, 331 N.C. 288, 417 S.E.2d 258
(1992), this Court upheld the trial court's refusal to allow
defense counsel an opportunity to conduct a
voir dire examination
of the child witness before the trial court qualified the child as
a competent witness. In
Huntley, defendant objected to the child
victim being sworn as a witness and requested a
voir dire
examination to determine her competency. The trial court denied
defendant's request, and the State elicited the following
information from the child witness:
[MR. WILLIAMS]: And do you know the difference
between telling the truth and not telling the
truth?
[PROSECUTRIX]: Tell the truth.
Q: Do you know what a lie is?
A: [No answer.]
Q: If I said you were a boy, would that be the
truth or not the truth?
A: Not the truth?
Q: And what happens- what does your mother do
when you don't tell the truth?
A: [No answer.]
Q: Do you know what happens if you don't tell
the truth?
A: No.
Q: Is it good to tell the truth?
A: Yeah.
Q: Are you going to tell the truth today?
A: Yeah.
Q: Do you promise to tell the truth about what
happened, about what [defendant] did?
A: Yeah.
Huntley, 104 N.C. App. at 735-36, 411 S.E.2d at 157. In rejecting
defendant's argument that defense counsel should have been allowed
to conduct a
voir dire examination of the child before she was
qualified as a competent witness, we stated that, "as long as the
victim's preliminary testimony supported a conclusion that she
understood her duty to tell the truth, then the court's failure to
grant a [
voir dire] examination by defendant's counsel is harmless
error."
Id. at 737, 411 S.E.2d at 158. Because the "testimony
recited demonstrate[d] the child's understanding of her obligation
to tell the truth and indicate[d] her promise to tell the court
what occurred[,]" any error to the defendant was harmless.
Id.
In
Kentucky v. Stincer, 482 U.S. 730, 96 L. Ed. 2d 631 (1987),
the U.S. Supreme Court held that the defendant's rights under the
Confrontation Clause were not violated where the defendant was
physically excluded from the competency hearing of the child
witnesses because the defendant was given an opportunity to cross-
examine the witnesses at trial.
Stincer, 482 U.S. at 744, 96 L.
Ed. 2d at 647. The Court concluded that the critical tool of
cross-examination was available to counsel as a means of
establishing that the witnesses were not competent to testify, aswell as a means of undermining the credibility of their testimony.
Id. at 744, 96 L. Ed. 2d at 646-47. The Court further held that
because the questions posed at the competency hearing were easily
repeated in the defendant's presence at trial, the character of the
hearing itself militates against finding a violation of the
defendant's Confrontation Clause rights.
Id. at 739-41, 96 L. Ed.
2d at 643-44.
Stincer indicates that where the trial court limits
defendant's ability to confront witnesses at a competency hearing
but allows defendant full cross-examination rights at trial,
defendant's rights to confrontation under the Sixth Amendment are
not violated. Furthermore, any prejudice suffered by the defendant
may be further mitigated by the circumstances surrounding the
competency hearing
and the character of questions posed therein.
Applying
Huntley and
Stincer to the case
sub judice, we
determine that the trial court's decision to disallow defense
counsel to cross-examine the child witness at the competency
hearing was harmless error. Because defendant was given an
opportunity to cross-examine C.R. at trial, his right to
confrontation was not violated, nor was he prejudiced by the
court's initial ruling regarding C.R.'s competency to testify.
C.R.'s testimony revealed that she understood the import of her
statements to the court, as well as the distinction between the
truth and a lie. C.R. further repeated the substance of her
voir
dire testimony for the jury.
Moreover, the nature of the questions posed during the
competency
voir dire, as well as the circumstances therein,mitigated any interference with defendant's constitutional rights.
Defendant was not excluded from the hearing, his attorney was
present, and, presumably, he was allowed to confer with his
attorney during and after the hearing. The State's inquiry was
clearly intended to establish C.R.'s qualifications to testify.
Although there were questions concerning the substance of C.R.'s
testimony, including inquiry as to why she was there and what
defendant was wearing, these questions were limited and asked for
the sole purpose of establishing C.R.'s understanding of the issues
and her qualifications to testify. Finally, the State repeated the
substance of its inquiry during C.R.'s direct examination.
Defendant acknowledges that he was given an opportunity to
cross-examine C.R. at trial, but argues that his cross-examination
was ineffective. Defendant lists at least seventeen objections
made by the State during his cross-examination and sustained by the
court. Defendant notes that the State never stated the basis for
its objections, nor did the court explain why it sustained the
objections. Based upon these objections, defendant contends that
the error in excluding him from participating in the competency
hearing was prejudicial.
Our review of the evidence does not support defendant's
contention. For example, many of the objections concerned defense
counsel's inadvertent references to C.R.'s family members by the
wrong name. Likewise, the court sustained an objection where
defense counsel apparently referred to Detective Rollins by the
prosecutor's name. Following at least three of the objections,
defendant requested a bench conference. Although the court granteddefendant's requests, the substance of those conferences do not
appear on the record, nor does it appear that defendant insisted
the conference appear on the record.
See State v. Alston, 307 N.C.
321, 341, 298 S.E.2d 631, 644 (1983) (noting that it is the
appellant's responsibility to compile a complete and accurate
record on appeal). At other times, defendant failed to rephrase
obviously improper questions in light of an objection.
More importantly, defendant's questions similar to those posed
by the State at the competency hearing were not challenged, with
the exception of a request for clarification. The court did
sustain objections to defendant's inquiring of C.R. as to whether
Defendant Rollins recorded any of her statement. However, the
court ruled that defendant could recall C.R. for questioning
following Detective Rollins' testimony. Also, the court allowed
defendant to view Detective Rollins' notes from his interviews with
C.R. and to use the notes during defense counsel's cross-
examination of the detective.
Defendant fails to recognize that the Sixth Amendment protects
only 'an
opportunity for effective cross-examination, not cross-
examination that is effective in whatever way, and to whatever
extent, the defense might wish.'
Stincer, at 739, 96 L. Ed. 2d at
643 (quoting
Delaware v. Fensterer, 474 U.S. 15, 20, 88 L. Ed. 2d
15, 19 (1985) (
per curiam)). We further note that the trial court
has wide discretion in controlling the scope of cross-examination.
See N.C. Gen. Stat. § 8C-1, Rule 611 (1999);
State v. Coffey, 326
N.C. 268, 290, 389 S.E.2d 48, 61 (1990) (stating that, although
cross-examination is a matter of right, the scope ofcross-examination is subject to appropriate control in the sound
discretion of the court). The trial court's discretion over
cross-examination is especially appropriate where, as here, the
witness is very young.
Contrary to defendant's contentions, we conclude that
defendant's opportunity to effectively cross-examine C.R. at trial
cured any prejudice he may have suffered in not being allowed to
question the witness during the competency
voir dire. Accordingly,
defendant's second assignment of error is overruled.
(III)
[3]Defendant further argues that the trial court erred in
admitting certain testimony by C.R.'s family members and by
Detective Rollins concerning C.R.'s out-of-court statements.
Defendant argues that the testimony was hearsay, improperly
admitted as substantive evidence.
At trial, defendant objected to the admission of C.R.'s out-
of-court statements during the testimony of her stepmother and
stepgrandmother. Defendant did not object, however, to similar
testimony by Detective Rollins and C.R.'s father concerning C.R.'s
out-of-court statements. The State contends on appeal that the
failure of defendant to challenge the admission of the statements
during the testimony of Detective Rollins and C.F.'s father waives
our review of this assignment of error. We are not so persuaded.
During the testimony of C.R.'s stepgrandmother, defendant
objected to the admission of C.R.'s out-of-court statements on the
basis of hearsay and further stated, I'm going to object to the
whole line of question and answers by the witness. Contrary tothe State's assertion, we find that the foregoing objection
preserved defendant's challenge to the line of questioning at issue
in this assignment of error.
An out-of-court statement offered to prove the truth of the
matter asserted is hearsay and is generally inadmissible at trial.
See N.C. Gen. Stat. § 8C-1, Rule 801(c), 802 (1999). However,
[i]t is well-settled that a witness' prior
consistent statements are admissible to
corroborate the witness' sworn trial
testimony. Corroborative evidence by
definition tends to strengthen, confirm, or
make more certain the testimony of another
witness. Corroborative evidence need not
mirror the testimony it seeks to corroborate,
and may include new or additional information
as long as the new information tends to
strengthen or add credibility to the testimony
it corroborates.
State v. McGraw, 137 N.C. App. 726, 730, 529 S.E.2d 493, 497,
disc.
review denied, 352 N.C. 360, 544 S.E.2d 554 (2000) (citations
omitted).
In the present case, C.R.'s out-of-court statements, as
testified to by her family and Detective Rollins, tended to add
weight and credibility to her testimony. As stated previously, the
fact that C.R.'s testimony was unsworn does not constitute plain
error. Furthermore, the only evidence that did not directly
corroborate C.R.'s testimony was the testimony given by her father.
C.R.'s father testified that C.R. expressed discontent when he took
her to visit defendant and his wife. As stated
supra, it is not
necessary that corroborative evidence mirror C.R.'s testimony and
may include new or additional information as long as the new
information tends to strengthen or add credibility to the testimonyit corroborates.
Id.
Defendant further argues that the out-of-court statements were
not introduced to corroborate C.R.'s testimony, but as substantive
evidence much more compelling than the unsworn ramblings of a child
who needed to be constantly led. We disagree.
Despite defendant's arguments to the contrary, there is no
evidence in the transcript indicating that the statements were
introduced as substantive evidence. The better practice would have
been for the State to specify the purpose for which the statements
were offered. Defendant did not challenge the State's failure to
specify the purpose for which the evidence was being offered,
however, and there was no requirement for the State to do so.
Id.
at 730, 529 S.E.2d at 497. We conclude that the testimony of
family members and Detective Rollins corroborated C.R.'s statements
at trial and were admissible for that purpose. We therefore
overrule defendant's third assignment of error.
(IV)
[4]We next address defendant's argument that the trial court
denied him an opportunity to meaningfully cross-examine witnesses
and present a defense. To support his argument that he was denied
meaningful cross-examination, defendant presents a list of the
trial court's rulings against him. Defendant does not, however,
point to a single ruling by the trial court that violates a
particular rule of evidence or procedure. Instead, defendant
simply urges this Court to read the 328-page transcript.
In the absence of controlling statutory provisions or
established rules, all matters relating to the orderly conduct ofthe trial or which involve the proper administration of justice .
. . are within the trial judge's discretion.
State v. Young, 312
N.C. 669, 678, 325 S.E.2d 181, 187 (1985). Because the scope of
cross-examination is within the court's discretion, the court's
rulings will not be held to be error in the absence of a showing
that the verdict was improperly influenced by the limited scope of
the cross-examination.
State v. Barber, 317 N.C. 502, 506-07, 346
S.E.2d 441, 444 (1986).
Our review of the transcript reveals no general bias for the
State on the part of the trial court, nor an abuse of discretion
concerning the defendant's opportunity to cross-examine witnesses.
Furthermore, defendant fails to present argument or authority
demonstrating that the court's ruling concerning his cross-
examination improperly influenced the jury's verdict. Nor do we
find that the sustaining of objections to defendant's cross-
examination improperly prejudiced defendant's case. We therefore
conclude that the court's rulings did not impede defendant's
opportunity to meaningfully cross-examine witnesses.
Regarding his argument that he was not allowed to present a
defense, defendant contends that during his own testimony, the
trial court denied [him] the opportunity to answer the most basic
questions, questions designed to establish his credibility and to
allow him the opportunity to deny the very allegations against
him. Defendant cites a list of several objections to specific
questions, which he claims attempted to solicit important
background information, demonstrate his character and the biases of
other witnesses, allow him to deny allegations, and rebut theState's case. We disagree.
Again, defendant fails to argue that not allowing the
questions listed in his brief violated any rule or statutory
provision. Furthermore, our review of the specific questions cited
reveals that the questions were leading, called for speculative
answers, or solicited marginally relevant evidence at best.
See
State v. Satterfield, 300 N.C. 621, 627, 268 S.E.2d 510, 515 (1980)
(noting that the trial court may bar repetitious, argumentative or
irrelevant questioning). We hold the court did not abuse its
discretion in sustaining objections to the questions cited by
defendant, and we thus conclude that defendant was not denied the
opportunity to present a defense.
(V)
[5]Defendant next assigns error to the trial court's denial
of his motion to dismiss made at the close of all of the evidence.
Having thoroughly reviewed defendant's argument supporting this
assignment of error and the record on appeal, we determine there
was ample evidence to support defendant's conviction for both
attempted first-degree sexual offense and taking indecent liberties
with a minor.
See N.C. Gen. Stat. §§ 14-27.4(a)(1) and 14-202.1(a)
(1999). Accordingly, this assignment of error is overruled.
Given our resolution of the foregoing issues, we find no merit
in defendant's final argument that he was prejudiced by the
cumulative effect of the trial court's alleged errors.
For the reasons contained herein, we conclude that defendant
received a fair trial, free from prejudicial error.
No error. Judges WYNN and HUDSON concur.
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