STATE v. DENNISON

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Docket Number

No. 179A04

Attorney(S)

Roy Cooper, Attorney General, by Steven M. Arbogast, Special Deputy Attorney General, for the State-appellant. Daniel Shatz for defendant-appellee.

Judges

PER CURIAM.

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Smart Summary

Factual and Procedural Background

This appeal arises from a conviction for first-degree murder entered by the Superior Court of Guilford County on May 20, 2002. The Court of Appeals, in a divided panel decision, reversed the conviction and awarded the defendant a new trial based on the admission of evidence regarding prior violent acts. The State petitioned for discretionary review of additional issues, which was allowed by the Supreme Court of North Carolina. The Supreme Court heard the case on February 7, 2005.

Legal Issues Presented

Whether the defendant waived appellate review of the admission of evidence concerning prior violent acts by failing to object at trial.
Whether the defendant is entitled to plain error review despite the failure to specifically and distinctly allege plain error as required by court rules.

Arguments of the Parties

The opinion does not contain a detailed account of the parties' legal arguments.

Table of Precedents Cited

Precedent	Rule or Principle Cited For	Application by the Court
State v. Roache, 358 N.C. 243, 595 S.E.2d 381 (2004)	A motion in limine does not preserve an issue for appellate review if the defendant fails to object when the evidence is admitted at trial.	Applied to conclude that the defendant waived appellate review by not objecting at the time the witness testified.
State v. Valentine, 357 N.C. 512, 591 S.E.2d 846 (2003)	An earlier objection is lost if the defendant fails to object when the evidence is later admitted.	Used to support the finding that the defendant's prior objection did not preserve the issue since no objection was made at the time of admission.
N.C.R. App. P. 10(b)(1)	A party must timely object to preserve a question for appellate review.	Applied to determine waiver of appellate review due to failure to timely object.
N.C.R. App. P. 10(c)(4)	Plain error review requires a party to specifically and distinctly allege plain error.	Applied to deny plain error review because the defendant did not meet this requirement.

Court's Reasoning and Analysis

The Court of Appeals found prejudice in admitting evidence of the defendant's prior violent acts against a former girlfriend. However, the Supreme Court held that even if the admission was erroneous, the defendant waived appellate review by failing to object at trial when the evidence was introduced. The Court relied on established rules requiring timely objection to preserve issues for appeal and precedent confirming that motions in limine do not substitute for contemporaneous objections. Further, because the defendant did not specifically and distinctly allege plain error as required by the North Carolina Rules of Appellate Procedure, plain error review was unavailable. Consequently, the Supreme Court reversed the Court of Appeals' decision and remanded the case for consideration of other assignments of error.

Holding and Implications

REVERSED AND REMANDED.

The Supreme Court reversed the Court of Appeals' ruling that had granted a new trial based on the admission of prior acts evidence, holding that the defendant waived appellate review of this issue by failing to object at trial and did not properly allege plain error. The case was remanded to the Court of Appeals for further consideration of other issues. This decision directly affects the parties by reinstating the procedural posture prior to the Court of Appeals' reversal but does not establish new precedent beyond the application of existing rules on waiver and plain error.

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STATE OF NORTH CAROLINA v. DARREN WILLIAM DENNISON.

Appeal and Error — preservation of issues — failure to object — failure to allege plain error

Defendant waived his right to appellate review of the admission of evidence of defendant's prior acts of violence because he failed to object when the witness testified and failed specifically and distinctly to allege plain error.

PER CURIAM.

In this case, the Court of Appeals held that defendant was prejudiced when evidence of prior violent acts he committed against his former girlfriend, Melanie Tellado, was admitted at trial. However, even assuming arguendo that the admission of this evidence was error, defendant waived his right to appellate review of this issue because he failed to object when Tellado testified. See N.C.R. App. P. 10(b)(1) (a party must timely object to preserve a question for appellate review); see also State v. Roache, 358 N.C. 243, 292, 595 S.E.2d 381, 413 (2004) (A motion in limine fails to preserve for appeal an issue of admissibility of evidence if the defendant does not object at the time the evidence is admitted at trial.); State v. Valentine, 357 N.C. 512, 525, 591 S.E.2d 846, 856-57 (2003) (where the trial court sustained the defendant's earlier objection but later admitted the same evidence without objection, the benefit of the earlier objection is lost). Moreover, because defendant did not "specifically and distinctly" allege plain error as required by North Carolina Rule of Appellate Procedure 10(c)(4), defendant is not entitled to plain error review of this issue. N.C.R. App. P. 10(c)(4). Accordingly, the decision of the Court of Appeals is reversed and this case is remanded to that court for consideration of defendant's remaining assignments of error.

REVERSED AND REMANDED.