State v. Gidderon ( 2023 )

IN THE COURT OF APPEALS OF NORTH CAROLINA
No. COA22-681
Filed 06 June 2023
Guilford County, No. 18CRS71878
STATE OF NORTH CAROLINA
v.
CLARENCE RAY GIDDERON
Appeal by defendant from judgment entered 3 December 2021 by Judge
William A. Wood in Guilford County Superior Court. Heard in the Court of Appeals
9 May 2023.
Attorney General Joshua H. Stein, by Special Deputy Attorney General
Francisco J. Benzoni for the State.
Jarvis John Edgerton, IV, for the defendant-appellant.
TYSON, Judge.
Clarence Ray Gidderon (“Defendant”) appeals from judgment entered on a
jury’s verdict for first-degree murder sentencing him to life imprisonment without
possibility of parole. Our review reveals no error.
I. Background
Defendant was involved in a relationship with forty-seven-year-old Paige
Rickard (“Rickard”). Rickard lived with her aunt, Robin Clodfelter. According to
Clodfelter, Defendant was “extremely jealous and controlling over [Rickard].”
STATE V. GIDDERON
Opinion of the Court
Defendant ate dinner with Rickard and Clodfelter on 29 March 2018 at a local
church. Clodfelter’s refrigerator was broken. She planned to visit a neighbor’s house
on the way home to obtain a couple cups of ice for the evening. Clodfelter walked
behind Rickard and Defendant, and she heard Rickard ask Defendant to leave. Other
neighbors also heard Defendant and Rickard arguing loudly as they walked by.
Defendant continued to walk beside Rickard, getting closer and closer to her.
Clodfelter heard Defendant say: “Don’t play me.” Shortly thereafter, Defendant drew
a knife and stabbed Rickard in the stomach. Clodfelter contemplated attacking
Defendant, but determined she could not overcome him. She heard a cup fall out of
Rickard’s hand. Clodfelter ran to the closest neighbor’s house and called 911. Law
enforcement officers arrived shortly thereafter, Rickard was rushed to the hospital,
and officers collected evidence from the crime scene. Defendant was taken into
custody.
Rickard sustained five sharp force internal injuries on the left side of her body,
which inflicted major damage to her spleen. She also suffered from an incised wound
on her forehead. Rickard died several days later from complications arising from
those wounds.
A jury indicted Defendant for first-degree murder on 11 June 2018. Defendant
pled not guilty, and a trial was held. After jury selection, but before the jury was
impaneled, Juror Six approached the court deputies. The juror stated she was
concerned because other jurors had been asked questions during voir dire that she
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Opinion of the Court
had not been asked.
Sheriff’s Deputy Clapp immediately brought Juror Number 6’s concerns to the
court’s attention:
THE COURT: All right. Deputy Butler-Moore and Deputy
Clapp have brought to my attention – I believe it comes
through Deputy Clapp more than Deputy Butler-Moore.
But Juror Number 6, who’s Ms. Mackenzie on my list, Cory
[sic] Mackenzie, C-O-R-A (verbatim) Mackenzie, has
indicated to Deputy Clapp that there was a question that
some of the other jurors w[ere] asked that she was not
asked, but gave no indication that the information she has
would have affected her ability to be fair in this case. Is
that correct, Deputy Clapp?
THE BAILIFF: Yes, Your Honor.
THE COURT: Did she indicate to you in any way that the
information she had would affect her ability to be fair?
THE BAILIFF: No, Your Honor.
THE COURT: But she did indicate that questions were
asked of some jurors that were not asked of her; is that
correct?
THE BAILIFF: Yes, sir.
THE COURT: Did she make any other comments?
THE BAILIFF: No, Your Honor.
The trial court called Juror Number 6 into open court and asked her additional
questions.
THE COURT: I just wanted to ask you a few questions.
Deputy Clapp and Deputy Butler-Moore both indicated
that you attempted to give them some information; is that
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Opinion of the Court
correct?
JUROR C. MACKENZIE (6): Yes. I realized that the line
of questioning from the defense moved on because someone
else had maybe a greater concern, but I didn’t share some
information that I think was related to some of your earlier
questions.
THE COURT: Well, let me ask you some questions about
that.
JUROR C. MACKENZIE (6): Okay.
THE COURT: Do you feel you could be a fair juror in this
case?
JUROR C. MACKENZIE (6): I do.
THE COURT: Okay. And your concern is that some
questions were asked of some jurors that perhaps were not
asked of other jurors?
JUROR C. MACKENZIE (6): Yes.
THE COURT: But there was a – kind of a catch-all question
asked by one or both of the attorneys, is there anything else
that would affect your ability to be fair or words to that
effect, and you did not speak up; is that correct?
JUROR C. MACKENZIE (6): I don’t remember that sort of
open-ended question from the defense. I do remember the
DA asking if there was anything in his line of questioning.
THE COURT: And whatever this information is that you
were not provided perhaps because the specific question
was not asked, in your opinion, does not affect your ability
to be fair; is that correct?
JUROR C. MACKENZIE (6): I don’t think so.
THE COURT: All right. Thank you, ma’am.
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Opinion of the Court
JUROR C. MACKENZIE (6): Okay.
(Juror C. Mackenzie departed the courtroom at 2:06 p.m.)
THE COURT: Anything on that issue with Juror Number
6, [District Attorney]?
[DISTRICT ATTORNEY]: No, Your Honor.
THE COURT: [Defense Counsel]?
[DEFENSE COUNSEL]: No, Your Honor.
THE COURT: All right. Well, we can bring all the jurors
in, Deputy Clapp, or if someone could let Deputy Butler-
Moore know.
Based upon the above colloquy, the trial court denied Defendant’s request to
re-open the voir dire for Juror Number 6, allowed Juror Number 6 to continue to serve
on the jury, and impaneled the jury for trial.
The jury’s verdict unanimously found Defendant to be guilty of first-degree
murder on 3 December 2021. Defendant was sentenced as a prior record level VI
offender to life imprisonment without possibility of parole. Defendant appeals.
II. Jurisdiction
This Court possesses jurisdiction pursuant to N.C. Gen. Stat. §§ 7A-27(b)(1)
and 15A-1444(a) (2021).
III. Failure to Reopen Jury Voir Dire
Defendant argues the trial court abused its discretion by declining to reopen
the voir dire of Juror Number 6 and failing to conduct an adequate inquiry or
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Opinion of the Court
investigation.
A. Standard of Review
“The nature and extent of the inquiry made of prospective jurors on voir dire
ordinarily rests within the sound discretion of the trial court.” State v. Bond, 345
N.C. 1, 17, 478 S.E.2d 163, 171 (1996) (citation omitted).
“In order for a defendant to show reversible error in the trial court’s regulation
of jury selection, a defendant must show that the court abused its discretion and that
he was prejudiced thereby.” State v. Lee, 335 N.C. 244, 268, 439 S.E.2d 547, 559
(citations omitted), cert. denied, 513 U.S. 891, 130 L. Ed. 2d 162 (1994). “An abuse of
discretion is shown only where the court’s ruling was manifestly unsupported by
reason and could not have been the result of a reasoned decision.” Id. at 267, 439
S.E.2d 558 (citations and internal quotation marks omitted).
B. Analysis
1. N.C. Gen. Stat. § 15A-1214
Our criminal procedure statutes provide:
(g) If at any time after a juror has been accepted by a party,
and before the jury is impaneled, it is discovered that the
juror has made an incorrect statement during voir dire or
that some other good reason exists:
(1) The judge may examine, or permit counsel to
examine, the juror to determine whether there is a
basis for challenge for cause.
N.C. Gen. Stat. § 15A-1214(g)(1) (2021) (emphasis supplied).
“[T]he decision whether to reopen examination of a juror previously accepted
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Opinion of the Court
by the parties is a matter within the sound discretion of the trial court.” State v.
Freeman, 314 N.C. 432, 437, 333 S.E.2d 743, 747 (1985) (citing N.C. Gen. Stat. § 15A-
1214(g)(1)) (explaining that, while the decision to reopen jury voir dire rests within
the discretion of the trial court, once voir dire has been reopened, either party is
allowed to exercise any remaining preemptory challenges for cause); State v.
Locklear, 349 N.C. 118, 142, 505 S.E.2d 277, 291 (1998) (explaining “the extent and
manner of the inquiry [by counsel] rests within the trial court’s discretion”).
2. State v. Boggess
Our Supreme Court explained a trial judge’s role after a juror has been
accepted, but before the jury has been impaneled, in State v. Boggess:
[A] trial judge has leeway to make an initial inquiry when
allegations are received before a jury has been impaneled
that would, if true, establish grounds for reopening voir
dire under N.C.G.S. § 15A–1214(g). As part of this initial
investigation, the judge may question any involved juror
and may consult with counsel out of the juror’s presence.
Based on information thus developed, the judge has
discretion to reopen voir dire or take other steps suggested
by the circumstances. Because the jury has not been
impaneled and other potential jurors are still available,
minimal disruption occurs if the judge resolves any doubts
in favor of reopening voir dire and accords counsel the right
to exercise any remaining peremptory challenges. If the
judge at any point allows the attorneys to question the
juror directly, voir dire has necessarily been reopened and
the procedures set out in N.C.G.S. § 15A–1214(g)(1)–(3) are
triggered. “[O]nce the examination of a juror has been
reopened, ‘the parties have an absolute right to exercise
any remaining peremptory challenges to excuse such a
juror.’”
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Opinion of the Court
358 N.C. 676, 683, 600 S.E.2d 453, 457 (2004) (citation omitted).
3. State v. Adams
This Court also examined whether the trial court abused its discretion by
failing to reopen voir dire in State v. Adams. 285 N.C. App. 379, 877 S.E.2d 721(2022). In Adams, one of the jurors expressed his belief “Defendants should ‘answer
the questions themselves’” after he was selected to serve on the jury but before the
jury was impaneled. Id. at 391, 877 S.E.2d at 730. The trial judge first called the
juror to clarify his opinion, instructed the juror about a defendant’s right to refrain
from testifying, and gave the juror time to re-evaluate his opinion. Id.
The trial court ultimately denied defendant’s motion to re-open jury voir dire
“after inquiring into Juror Clark’s opinion and only after determining Juror Clark
would be able to follow the law.” Id. at 393, 877 S.E.2d at 731. The trial court further
explained “that reopening voir dire would ‘open[ ] a Pandora’s box’ and cause delays
during Defendants’ trial, Defense counsel for both parties had already passed on
Juror Clark, and Juror Clark gave repeated affirmations that he understood and
could apply the law.” Id. This Court affirmed the trial court’s decision and concluded
the trial court reached a reasoned decision and did not abuse its discretion. Id.
The facts before us are similar to those in Adams. Like in Adams, the trial
judge called Juror Number 6 before the court and questioned her regarding the
statements she had made to the deputies. Adams, 285 N.C. App. at 391, 877 S.E.2d
at 730. The trial judge confirmed, regardless of whether defense counsel asked Juror
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Opinion of the Court
Number 6 the same questions as other jurors, that those unasked questions would
not affect Juror Number 6’s ability to serve as a fair and impartial juror. Juror
Number 6 never expressed doubts about her impartiality, ability to serve as a juror,
find the facts, and to fairly apply the law. To the contrary, the trial court’s
questioning further confirmed and solidified Juror Number 6’s commitment to serve
as a fair and impartial juror.
The decision whether to re-open voir dire rested within the trial court’s
discretion. Juror Number 6 had been selected by both parties without challenge and
the jury was not yet impaneled. N.C. Gen. Stat. § 15A-1214(g)(1) (2021); Boggess, 358
N.C. at 683, 600 S.E.2d at 457 (citing Id. § 15A-1214(g)(1)); Bond, 345 N.C. at 17, 478
S.E.2d at 171; Lee, 335 N.C. at 268, 439 S.E.2d at 559; Freeman, 314 N.C. at 437, 333
S.E.2d at 747; Locklear, 349 N.C. at 142, 505 S.E.2d at 291. Defendant has failed to
carry his burden on appeal to show any abuse in the trial court’s exercise of its
discretion. Lee, 335 N.C. at 267-68, 439 S.E.2d at 558-59; Adams, 285 N.C. App. at
393, 877 S.E.2d at 731.
The trial court provided counsel on both sides with the opportunity to request
further voir dire, and both parties’ counsel expressly declined the opportunity. Id.
Defense counsel also failed to request additional voir dire when asked by the trial
court and waived the right to challenge the issue on appeal. N.C. R. App. P. 10(a)(1).
Defendant’s argument is overruled.
IV. Conclusion
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Opinion of the Court
The decision whether to re-open voir dire rests within the trial court’s sound
discretion. N.C. Gen. Stat. § 15A-1214(g)(1); Boggess, 358 N.C. at 683, 600 S.E.2d at457 (citing Id. § 15A-1214(g)(1)); Bond, 345 N.C. at 17, 478 S.E.2d at 171; Lee, 335
N.C. at 268, 439 S.E.2d at 559; Freeman, 314 N.C. at 437, 333 S.E.2d at 747; Locklear,
349 N.C. at 142, 505 S.E.2d at 291.
The trial court conducted a timely inquiry under the statute into Juror Number
6’s comments, concerns, questions, and beliefs prior to impaneling the jury. Adams,
285 N.C. App. at 393, 877 S.E.2d at 731. Defendant has failed to show any abuse in
the trial court’s exercise of discretion in questioning Juror Number 6. Id.; Lee, 335
N.C. at 267-68, 439 S.E.2d at 558-59.
Defendant also failed to request re-opening of voir dire and expressly waived
re-opening when asked by the trial court. N.C. R. App. P. 10(a)(1).
Defendant received a fair trial, free from prejudicial errors he preserved and
argued on appeal. We find no error in the jury’s verdicts or in the judgment entered
thereon. It is so ordered.
NO ERROR.
Judge ARROWOOD and Judge RIGGS concur.
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