State of North Carolina v. Brandon Cabott Jones, 357 N.C. 409

Summary

The Supreme Court of North Carolina reviewed Brandon Cabott Jones's convictions for two felony murders and related offenses, along with his capital sentencing proceeding. The court rejected challenges concerning appointed counsel, the defendant's right to testify, and a purported variance between the robbery indictment and the evidence. It held that the trial court's instruction on the pecuniary-gain aggravating circumstance improperly made that circumstance effectively mandatory upon a finding of robbery with a dangerous weapon.

Holdings

1. The trial court did not abuse its discretion in denying defendant's motions to dismiss appointed counsel because defendant failed to show that counsel's performance fell below the objective standard of reasonableness required by Strickland.
2. The trial court was not required to inquire sua sponte whether defendant wished to testify, and the court declined to overrule State v. Hayes.
3. There was no fatal variance between the indictment alleging that property was taken from Donald James Hunt and the evidence concerning property taken from Hunt, Jr.; the evidence supported an inference that the briefcase belonged to the senior Hunt.
4. The trial court committed plain error by instructing the capital-sentencing jury that if it found defendant committed robbery with a dangerous weapon, it would find the pecuniary-gain aggravating circumstance.
5. The court did not conduct proportionality review because defendant's death sentence was being vacated and the case remanded for a new capital sentencing proceeding.

Questions Presented

1. Whether the trial court abused its discretion by denying defendant's motions to dismiss appointed counsel.
2. Whether the trial court was required to inquire sua sponte whether defendant wished to testify.
3. Whether a variance between the robbery indictment and the evidence rendered the evidence insufficient to support felony murder.
4. Whether the capital-sentencing instruction on the pecuniary-gain aggravating circumstance improperly made that circumstance automatic upon a finding of robbery with a dangerous weapon.
5. Whether defendant's death sentence was disproportionate.

Disposition

vacated