State v. Riddick
CourtCourt of Appeals of North Carolina
Date FiledNovember 4, 2026
Docket25-653
JudgeJudge Donna Stroud
StatusUnpublished
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Full Opinion
An unpublished opinion of the North Carolina Court of Appeals does not constitute
controlling legal authority. Citation is disfavored, but may be permitted in accordance with
the provisions of Rule 30(e)(3) of the North Carolina Rules of Appellate Procedure.
IN THE COURT OF APPEALS OF NORTH CAROLINA
No. COA25-653
Filed 4 November 2026
Guilford County, Nos. 18CR075426-400, 18CR075428-400, 18CR075430-400,
18CR075045-400, 18CR075425-400
STATE OF NORTH CAROLINA
v.
JONYLE LAQUAN RIDDICK, Defendant.
Appeal by defendant from judgment entered 15 December 2023 by Judge Tonia
A. Cutchin in Superior Court, Guilford County. Heard in the Court of Appeals 19
May 2026.
Attorney General Jeff Jackson, by Special Deputy Attorney General Arneatha
James, for the State.
Appellate Defender Glenn Gerding, by Assistant Appellate Defender Aaron
Thomas Johnson, for defendant-appellant.
STROUD, Judge.
Defendant appeals from the trial court’s judgments, contending that the trial
court erred in denying his two motions to suppress a recording of his conversation
with a police officer. Defendant makes two arguments on appeal. Defendant claims
that the trial court’s findings of fact were insufficient to support both its conclusions
STATE V. RIDDICK
Opinion of the Court
that (1) Defendant’s written Miranda waiver was valid and (2) Defendant’s
statements to the officer were voluntary.
We hold that the trial court did not err when it denied Defendant’s motions to
suppress the recording, as the trial court’s findings of fact supported its conclusions
that Defendant’s Miranda waiver was valid and that his statements to the officer
were voluntary.
I. Factual and Procedural Background
Evidence at trial tended to show that on 18 May 2018, at Terry Hooks’s home,
a shooting occurred between Defendant and Mr. Hooks. In the crossfire, Defendant
shot Pamela Hooks, while Mr. Hooks shot Defendant. Mrs. Hooks’s wounds from the
shooting were fatal.
Following the shooting, Defendant fled out the back door of the home, where a
police officer discovered Defendant lying on the ground, bleeding from a gunshot
wound to the chest. Shortly thereafter, EMS arrived on the scene and transported
Defendant to a hospital where he received medical treatment. The remaining details
of the shooting are not at issue on appeal and are excluded from this opinion.1
On 20 August 2018, a grand jury indicted Defendant on the following felony
counts: robbery with a dangerous weapon, assault with deadly weapon with intent to
1 Both the briefs for the State and Defendant delve deeper into the circumstances of the shooting, as
they both address whether a Miranda violation or involuntary confession amounted to harmless error.
Since there is no need to address harmless error in this opinion, we have not included a detailed
summary of these facts about the shooting.
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kill, possession of a firearm by a felon, conspiracy, first-degree burglary, first-degree
kidnapping, and first-degree murder. On 10 November 2021, following proceedings
in Defendant’s first trial, jury deliberations were “deadlocked 8 to 4,” resulting in a
mistrial. The same charges were brought for a second trial occurring in December
2023.
On 22 November 2023, Defendant filed two motions to suppress statements
that Defendant made to Detective Brown while in the hospital. The first motion
claimed that exclusion of the statements was “required by Miranda v. Arizona, 384
U.S. 486 (1966), the Constitution of the United States of America (5th and 14th
Amendment) and the Constitution of North Carolina.” And that “any alleged waiver
of Miranda warnings were not knowing and voluntary.” The second motion claimed
that exclusion was “required by the Due Process Clause of the Constitution of the
United States of America and the Constitution of North Carolina.” Defendant also
contended that during his conversation with Detective Brown, “Defendant was in no
condition to give a knowing and voluntarily statement about what happened on May
18th.”
On 4 December 2023, before the start of the second jury trial, the trial court
heard the motions to suppress.2 Detective Steve Brown testified, and the trial court
2 The transcript of the hearing on the motion to suppress is dated 4 December 2023, and this same
date is in the header of the pages from 1-22; from page 23 on to the end of the volume, the header
states the date of 14 January 2019. We believe this is a typographical error; there is no dispute
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Opinion of the Court
listened to State’s Motion Exhibit 1, the recording of Detective Brown’s interview with
Defendant.3 The trial court entered an oral order denying Defendant’s motions to
suppress, stating its ruling on the motions on the record and giving findings of fact
and conclusions of law.
In its oral order denying the motions to suppress before trial, the trial court
made findings of fact regarding the interview with Defendant:
[O]n or about [18] May [] 2018, that law enforcement
dispatched to [the victim’s residence] in response to a 911
call for a shooting; that at the scene Pamela Hooks was
found bleeding from her torso and later pronounced dead.
Multiple shell casings were also recovered from the scene.
In addition, []Defendant was also found bleeding to his
lower body and torso, lying in the yard and was later
transported to Moses Cone Hospital and remained.
Defendant was sedated and treated at the hospital and also
did encounter surgery; that on or about [22] May [] 2018,
Detective Steve Brown who is now retired but as of [18]
May [] 2018, was a homicide detective employed by the
Greensboro Police Department, that Detective Brown
began his career in patrol and then assigned to the DEA
task force, also investigated property crimes prior to
becoming a homicide detective, that Detective Brown is a
drug recognition expert, and responded to Moses Cone
Hospital on [22] May [] 2018, where he did encounter
[]Defendant around 4 o’clock p.m.
[]Defendant was located in a room alone where there was
regarding the date of the hearing. But since Defendant filed many volumes of transcripts from 2018,
2019, 2020, 2021, and 2022 that are not relevant to this appeal, the incorrect date is perhaps of more
concern than it would normally be.
3 A redacted version of the recording was later introduced at trial as State’s Exhibit 117. State’s
Motion Exhibit 1 was not provided to this Court.
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Opinion of the Court
medical equipment that assisted []Defendant. Detective
Brown did speak to Nurse Theilen, who advised that she
had provided the Defendant medication but it would not
prevent Detective Brown from speaking to []Defendant.
Detective Brown had introduced himself and advised that
he wanted to discuss the incident that arose on [18] May
2018, at [the victim’s residence].
[]Defendant asked Detective Brown if he was the head
detective investigating this incident and had he had any
contact with his family. Detective Brown advised that he
was the lead detective and asked if [Defendant] was
impaired and (inaudible) a recording that was introduced
as State’s Exhibit -- or Motion Exhibit 1.
Detective Brown did read [Defendant] his Miranda rights,
and [Defendant] did advise Detective Brown that he would
speak. However, during that initial conversation Detective
Brown asked [Defendant] if he was impaired for a scale of
1 to 10 with 1 being not impaired, 10 being impaired.
[Defendant] advised that he would place himself at a 5 or
6 but that he was good to talk.
[Defendant] did receive his GED and was able to read and
write. [Defendant] did acknowledge the Miranda and then
execute a signature indicating that he understood and was
willing to speak to Detective Brown.
The interview did last one hour and sixteen minutes.
During the interview, [Defendant] maintained contact with
Detective Brown indicated he understood his rights and did
sign a waiver. [Defendant] was not intimidated and he
didn’t have to promise him anything to gain his consent
and was advised he was free to withdraw his consent at any
time. [Defendant] chose not to do so.
The trial court concluded as follows:
And considering the totality of circumstances and based
upon these findings, the Court will conclude by a
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Opinion of the Court
preponderance of the evidence there is no cognitive
evidence to support the finding that [Defendant] did not
freely, voluntarily, and knowingly waive his Miranda
rights as well as his right to counsel, and also considering
the totality of the circumstances based upon the
preponderance of the evidence the Court will further
conclude there was no competent evidence to support that
[Defendant] did not consent to speak with [Detective]
Brown and based upon that this Court will deny the
motions filed November 22nd, 2023, to suppress
statements obtained in violation of due process as well as
obtained in violation of Miranda.
During the trial, Defendant objected to introduction of State’s Exhibit 117, the
redacted version of the recording of the interview; the trial court overruled
Defendant’s objection.
On 14 December 2023, the jury found Defendant guilty of attempted robbery
with a firearm, possession of firearm by felon, felony conspiracy, first-degree
burglary, and first-degree murder under the felony murder rule based on attempted
robbery with a firearm and first-degree burglary. The jury found Defendant not
guilty of assault with a deadly weapon with intent to kill and first-degree kidnapping.
On 18 December 2023, Defendant entered written notice of appeal.
II. Analysis
Defendant makes two arguments on appeal: “neither the evidence presented
at the suppression hearing, nor the trial court’s finding of fact, were sufficient to
support conclusions that [Defendant] effected a valid waiver of his Miranda rights,
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Opinion of the Court
or that his statement was otherwise voluntary.”4
Defendant timely filed his motions to suppress and objected to the admission
of Exhibit 1175 at trial; as a result, his argument is preserved for appellate review.
See N.C. R. App. P. 10(a)(1).
A. Standard of Review
“We evaluate a trial court’s denial of a motion to suppress evidence to
determine whether competent evidence supports the trial court’s findings of fact and
whether the findings of fact support the conclusions of law.” State v. Johnson, 371
N.C. 870, 873, 821 S.E.2d 822, 826 (2018) (citations and quotation marks omitted);
see State v. Brown, 204 N.C. App. 567, 569, 694 S.E.2d 467, 468 (2010) (“This standard
applies even where the motion to suppress is based on alleged violations of
constitutional rights such as those afforded by Miranda.” (citation omitted)). Where
findings of fact “are supported by competent evidence, they are conclusive on appeal,
even if the evidence is conflicting.” Id. (citation and quotation marks omitted). On
the other hand, “[t]he trial court’s conclusions of law are subject to de novo review.”
State v. Allen, 197 N.C. App. 208, 210, 676 S.E.2d 519, 521 (2009) (citation omitted);
see Johnson, 371 N.C. at 873, 821 S.E.2d at 826 (“Conclusions of law . . . are fully
4 Defendant also argues that “the State cannot show that this error was harmless beyond a reasonable
doubt.” We do not reach this issue because there were sufficient findings to support the trial court’s
conclusion that Defendant’s Miranda waiver was valid and that his statements were voluntary.
5 State’s Exhibit 117 is identified as the redacted version of State’s Exhibit 1, the subject of the
suppression motion.
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Opinion of the Court
reviewable on appeal and must be legally correct, reflecting a correct application of
applicable legal principles to the facts found.” (citation and quotation marks
omitted)). But “[a] trial court’s ruling on a motion to suppress is afforded great
deference upon appellate review as it has the duty to hear testimony and weigh the
evidence.” State v. Cobb, 381 N.C. 161, 164, 872 S.E.2d 21, 25 (2022) (citation
omitted).
Defendant does not directly challenge any of the trial court’s findings of fact as
unsupported by the evidence. But much of Defendant’s brief focuses on his
interpretation of the evidence, often going beyond the findings of fact by the trial
court and arguing his favored interpretation of the evidence. For example, he argues
that Detective Brown failed to speak to Defendant’s doctors or to learn what
medications Defendant was taking, characterizing his investigation of Defendant’s
condition as inadequate. Since Defendant does not challenge the trial court’s finding
as unsupported by the evidence, we only review the court’s conclusions of law. We
therefore review the trial court’s denial of both motions to suppress to determine
whether “the findings of fact support the [trial court’s] conclusions of law.” Johnson,
371 N.C. at 873, 821 S.E.2d at 826 (citation omitted).
B. Defendant’s Motions to Suppress
Defendant presents two separate issues on appeal—not a singular
voluntariness inquiry. A defendant’s valid Miranda waiver does not imply that his
statements to police were voluntary, nor do voluntary statements to police imply a
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Opinion of the Court
valid Miranda waiver. See id. at 873–74, 821 S.E.2d at 826 (“Compliance with
Miranda is a threshold requirement for admissibility of such statements when made
as a result of custodial interrogation and does not abrogate the need for confessions
to be obtained in compliance with traditional notions of due process under both the
federal and state constitutions.” (citation omitted)). Put differently, “even when a
defendant’s Miranda rights are respected, and even when those rights are
voluntarily, knowingly, and intelligently waived, the confession itself must also be
voluntary under traditional notions of due process.” Id. at 874, 821 S.E.2d at 826.
These separate inquiries do overlap, as a defendant’s valid Miranda waiver is
“a factor to be considered when evaluating voluntariness in light of the totality of the
circumstances under which the statement was given.” Id. And, ultimately, both
“analyses will require the Court to examine interrelated and overlapping facts.” Id.
at 874–75, 821 S.E.2d at 826. But neither inquiry can replace the other. Id. at 875,
821 S.E.2d at 826.
Thus, we individually address both issues Defendant presents here: whether
(1) Defendant’s Miranda waiver was valid, and whether (2) Defendant’s statements
were voluntary.
1. Miranda Waiver
Our Supreme Court, and the United States Supreme Court, have clearly laid
out the protections afforded by the Fifth Amendment and Miranda v. Arizona:
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Opinion of the Court
The Fifth Amendment, which applies to the states through
the Fourteenth Amendment provides that no person “shall
be compelled in any criminal case to be a witness against
himself[.]” To protect this right, the Supreme Court of the
United States has formulated a set of prophylactic
warnings that criminal suspects must receive for any
custodial statements that they make to be admissible in
court.
State v. Knight, 369 N.C. 640, 643, 799 S.E.2d 603, 606 (2017) (citing Miranda v.
Arizona, 384 U.S. 436, 478–79, 86 S.Ct. 1602 (1966)) (other citations omitted). These
“prophylactic warnings” are well-known and have remained unchanged over the
course of their existence. See id. (citation omitted); see also Berghuis v. Thompkins,
560 U.S. 370, 380, 130 S. Ct. 2250, 2259 (2010) (“A suspect in custody must be advised
as follows: ‘[h]e must be warned prior to any questioning that he has the right to
remain silent, that anything he says can be used against him in a court of law, that
he has the right to the presence of an attorney, and that if he cannot afford an
attorney one will be appointed for him prior to any questioning if he so desires.’ ”
(citation omitted)). If a police officer fails to provide these Miranda warnings before
a custodial interrogation of a defendant or otherwise fails to respect the defendant’s
invocation of the warnings, then the defendant’s statements to the officer are
inadmissible at trial. See Knight, 369 N.C. at 643, 799 S.E.2d at 606.
While Miranda rights are well established, a defendant may waive his
Miranda rights “as long as he waives them voluntarily, knowingly, and intelligently.”
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Opinion of the Court
Id. at 643, 799 S.E.2d at 606 (citation omitted). Whether a Miranda waiver was
“voluntar[y], knowin[g], and intelligent[]” rests on two inquiries:
First, a court must determine whether the waiver was
voluntary in the sense that it was the product of a free and
deliberate choice rather than intimidation, coercion, or
deception. Second, a court must determine that the waiver
was knowing and intelligent—that is, that it was made
with a full awareness of both the nature of the right being
abandoned and the consequences of the decision to
abandon it.
Id. at 644, 799 S.E.2d at 606 (emphasis added) (citation and quotation marks
omitted). A defendant’s Miranda waiver may be express or implied. Id. Where the
defendant makes “[a]n express written or oral statement of waiver,” there is “usually
strong proof of the validity of that waiver, but [it] is not . . . necessary or sufficient to
establish waiver.” Id. (citation and quotation marks omitted). Ultimately, waiver is
only proper “if the totality of the circumstances surrounding the defendant’s
interrogation show both that he adequately underst[ood] them and that he was not
coerced into waiving them.” Id. (“A court may properly conclude that a defendant has
waived his Miranda rights only if the totality of the circumstances surrounding the
defendant’s interrogation show both that he adequately understands them and that
he was not coerced into waiving them. Whether a defendant has knowingly and
intelligently waived his Miranda rights therefore depends on the specific facts and
circumstances of each case, including the [defendant’s] background, experience, and
conduct.” (citation and quotation marks omitted)).
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Opinion of the Court
Here, Defendant argues that the trial court’s findings of fact were insufficient
to establish a valid Miranda waiver during his hospital interview with Detective
Brown. In support of his argument, Defendant points to several issues with Detective
Brown’s interrogation of Defendant. First, during their conversation, Defendant was
still hooked up to machines and sounded “raspy” following his intubation for surgery.
Second, Detective Brown did not properly inquire into Defendant’s medical status at
the time of the interrogation: “Brown did not speak with [Defendant’s] treating
physician, or review [Defendant’s] medical records, or even learn anything about
what his medication history was leading up to the interview.” Where Detective
Brown did investigate Defendant’s condition, Defendant argues, his inquiries were
still insufficient to establish the voluntariness of Defendant’s statements: only
speaking with Defendant’s nurse for “maybe a minute,” not Defendant’s doctor,
failing to ascertain the nurse’s qualifications, and lacking knowledge of whether the
drugs might “kick in” during the interview. Defendant argues that since Detective
Brown lacked a clear understanding of Defendant’s condition and medication, the
evidence does not support the trial court’s conclusion that Defendant’s waiver was
voluntary.
We disagree. First, Defendant does not challenge the trial court’s findings of
fact as unsupported by the evidence, but his argument focuses heavily on the
evidence. He essentially argues that the trial court should have made more, or
different, findings of fact. For example, he claims that Detective Brown did not
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Opinion of the Court
inquire into Defendant’s medical condition and Detective Brown only spoke with the
nurse for “maybe a minute.” As a result, Defendant contends that Detective Brown’s
efforts to determine Defendant’s condition were insufficient, but the trial court found
they were. The findings of fact address Detective Brown’s inquiry to both the nurse
and Defendant about his condition and their responses to his inquiry.6 The trial court
does not need to make evidentiary findings about each bit of evidence introduced.
State v. Escobar, 187 N.C. App. 267, 268, 652 S.E.2d 694, 696 (2007) (“A trial court is
not required to recite evidentiary facts in its findings of fact, but is required to make
specific findings on the ultimate facts established by the evidence.” (quotation marks
omitted)).
The trial court’s findings of fact were sufficient to support the trial court’s
conclusion that Defendant’s Miranda waiver was valid. First, Defendant executed a
written waiver of his Miranda rights. As noted in Knight, while not conclusive on the
issue of valid waiver, a written waiver is “strong proof” of a valid Miranda waiver.
Knight, 369 N.C. at 644, 799 S.E.2d at 606 (citation omitted). Second, contrary to
Defendant’s argument, Detective Brown did inquire about Defendant’s mental
condition. Detective Brown spoke with Defendant’s nurse about his medication, and
she told Detective Brown that the medication would not “prevent Detective Brown
6 Since Defendant did not provide State’s Motion Exhibit 1, the unredacted recording of the interview,
to this Court, but only the redacted version admitted later at trial as State’s Exhibit 117, we would be
unable to review the trial court’s findings at the suppression hearing regarding the interview itself.
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Opinion of the Court
from speaking to Defendant.” Detective Brown also asked Defendant about his level
of impairment “on a scale of 1 to 10.” Defendant told Detective Brown that he was at
a “5 or 6,” but he also stated that he was “good to talk.” Third, nothing in the trial
court’s findings suggests that Defendant was unwilling to speak with Detective
Brown or in a state of impairment. In fact, Defendant “maintained contact with
Detective Brown” throughout the one hour and sixteen-minute interview. Detective
Brown told Defendant that he was “free to withdraw his consent at any time,” but
Defendant did not attempt to withdraw from the interview.
While Detective Brown did not know the exact details of Defendant’s medical
history or condition, the findings of fact, in totality, support the trial court’s
conclusion that Defendant “adequately underst[ood] [his Miranda rights] and that he
was not coerced into waiving them.” See id. (citation omitted). Both this Court and
our Supreme Court have found similar findings of fact sufficient to support the trial
court’s conclusion of law, and we do not hold differently here. See State v. Saldierna,
371 N.C. 407, 423–24, 817 S.E.2d 174, 185 (2018) (finding voluntary waiver of
Miranda rights by a Spanish and English speaking minor, where the police officer
advised the defendant of her rights in both English and Spanish, the defendant
signed a written waiver of rights, and she answered affirmatively when asked
whether she understood her rights—despite some contested facts suggesting English
was not her first language and certain rights were not intelligible); see also State v.
Phillips, 365 N.C. 103, 115–16 , 711 S.E.2d 122, 134 (2011) (finding voluntary waiver
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Opinion of the Court
of Miranda rights where the defendant easily provided personal information, the
officers did not observe signs of impairment, defendant requested a statement be
excluded from the record, and the defendant was calm to begin the interview—despite
the defendant being excited prior to the interview, wiping white foam from his mouth,
and vomiting during his interview with the officers); State v. Ortez, 178 N.C. App.
236, 247–48, 631 S.E.2d 188, 197 (2006) (finding voluntary waiver of Miranda rights
where the defendant was read Miranda warnings in Spanish, stated that he
understood his rights, had previous experience with the criminal justice system, and
the defendant appeared to understand the questions and gave reasonable and
appropriate answers—despite also finding that defendant’s IQ ranged from 55 to 77).
Therefore, the trial court’s conclusion that Defendant’s Miranda waiver was
valid was supported by the findings of fact.
2. Due Process
Although we find that Defendant’s Miranda waiver was valid, Defendant also
contends that there were insufficient findings of fact to support the trial court’s
conclusion that his statements to Detective Brown were voluntary. As noted in
Johnson, the voluntary statement inquiry is separate from the Miranda waiver
inquiry. See Johnson, 371 N.C. at 874, 821 S.E.2d at 826 (“Whether the defendant’s
rights under Miranda and its progeny have been respected is a factor to be considered
when assessing the overall voluntariness of a defendant’s confession.”). Even where
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Opinion of the Court
Defendant’s Miranda waiver was valid, the statements themselves might have been
involuntary. See id.
Like the Miranda waiver analysis, whether a defendant’s statements to a
police officer were voluntary depends on the “totality of the circumstances.” Id. at
878, 821 S.E.2d at 829 (citation and quotation marks omitted). A defendant’s
statement is voluntary when it is “the product of an essentially free and
unconstrained choice.” Id. (citation omitted). On the other hand, a statement is
involuntary, and offends due process, where the defendant’s “will ha[d] been
overborne and his capacity for self-determination critically impaired.” Id.
In addition to a valid Miranda waiver, this Court considers several factors in
determining whether a defendant’s statements were voluntary:
(1) circumstances under which the interrogation was
conducted, for example the location, the presence or
absence of restraints, and the suspect’s opportunity to
communicate with family or an attorney; (2) treatment of
the suspect, for example the duration of the session or
consecutive sessions, availability of food and drink,
opportunity to take breaks or use restroom facilities, and
the use of actual physical violence or psychologically
strenuous interrogation tactics; (3) appearance and
demeanor of the officers, for example whether they were
uniformed, whether weapons were displayed, and whether
they used raised voices or made shows of violence; (4)
statements made by the officers, including threats or
promises or attempts to coerce a confession through
trickery or deception; and (5) characteristics of the
defendant himself, including his age, mental condition,
familiarity with the criminal justice system, and demeanor
during questioning.
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Opinion of the Court
Id. at 878–79, 821 S.E.2d at 829 (citation omitted). No factor alone is dispositive. See
id. And other factors outside of those listed may weigh on the inquiry, so long as they
help show whether “defendant was truly capable of making . . . a free and rational
decision.” Id. at 879, 821 S.E.2d at 829.
Here, Defendant rests much of his argument on State v. Williford, 275 N.C.
575, 169 S.E.2d 851 (1969). There, the defendant also sought to suppress evidence of
a conversation between the defendant and a police officer. Id. at 579, S.E.2d at 854.
The trial court made the following findings of fact:
The Court finds that Officer Jimmy A. Mohiser and Officer
J. L. Denning were present together on [6] December []
1966 in the bus on Fayetteville Street with the defendant
Williford; that on the bus on Fayetteville Street Officer
Mohiser advised the defendant Williford prior to asking
him any questions and prior to any admission or statement
having been made by the defendant Williford, that
anything that the defendant Williford—strike that—that
the defendant Williford had the right to remain silent and
that anything the defendant Williford said could be used
against him and that he further advised the defendant
Williford that he had the right to consult with a lawyer and
to have the lawyer with him during interrogation and
further that he advised the defendant Williford that if he
were unable to secure a lawyer by reason of indigency, that
a lawyer would be appointed for him; that the Court
further finds that Officers Mohiser and Denning were in
the presence of the defendant Williford some 30 or 40
minutes later at Wake Memorial Hospital at which time
the defendant Williford made certain statements and
admissions to Officer J. L. Denning.
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Id. at 581–82, 169 S.E.2d at 856. Based on these findings, the trial court found that
the defendant’s statements “were made voluntarily and with understanding.” Id. at
582, 169 S.E.2d at 856 (quotation marks omitted).
This Court disagreed. Id. The issue, according to the Williford Court, was that
there were “no findings of fact as to the immediate circumstances and conditions
surrounding the making of the purported confession” and no “[f]indings of fact as to
defendant’s mental or physical condition,” even though there was evidence about the
circumstances of the confession and “voluminous evidence as to defendant’s physical
condition.” Id. at 582, 169 S.E.2d at 856. The Court held that the trial court’s findings
were “not sufficient to support the conclusion that the statements made by the
defendant [] to [the officer] . . . were made voluntarily and with understanding.” Id.
Ultimately, the Court held that the statements admitted were prejudicial; therefore,
the case was remanded for a new trial. Id. at 582, 584, 169 S.E.2d at 857–58 (holding
that the prejudicial statements were one of multiple errors requiring a new trial).
Defendant claims that the issues in Williford also exist here. Like the
defendant in Williford, Defendant argues, there are not enough facts to support the
trial court’s conclusion because there were insufficient findings with respect to
Defendant’s medication at the time of the interview. That is, Detective Brown “did
not determine what medications [Defendant had] been given, in what quantities,
what the effects might be, or when they might take effect.” Without this information,
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Opinion of the Court
the trial court lacked sufficient findings of fact to conclude that Defendant’s
statements were voluntary.
We disagree. In Williford, the trial court’s findings of fact simply did not
address the relevant circumstances to support a conclusion that the defendant’s
statements were voluntary. These facts included the following: the interview
occurred on a bus, the officer read the defendant his Miranda warnings, and later the
officers were with the defendant at a hospital for 30 or 40 minutes when the
defendant made statements and omissions to the officers. Id. at 581–82, 169 S.E.2d
at 856. These findings could not sustain a conclusion of voluntariness because there
were no findings about “the immediate circumstances and conditions surrounding the
making of the purported confession[,] [or] [f]indings of fact as to defendant’s mental
or physical condition.” Id. at 582, 169 S.E.2d at 856. Due to these omissions, there
were insufficient findings to support the trial court’s conclusion of law. See id.
The findings of fact here are entirely different. Applying the Johnson factors,
there were sufficient findings to support the trial court’s conclusion that Defendant’s
statements were voluntary. The trial court’s findings addressed each Johnson factor
as appropriate under the evidence here. As to the “circumstances under which the
interrogation was conducted, for example, the location, the presence or absence of
restraints, and the suspect’s opportunity to communicate with family or an attorney,”
the trial court’s findings addressed the location in the hospital and that Detective
Brown spoke to Defendant alone. See Johnson, 371 N.C. at 878–79, 821 S.E.2d at
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829. As to the “treatment of the suspect,” the trial court made findings regarding the
duration of the interview, that Defendant was “not intimidated,” and that he was
“free to withdraw his consent at any time.” See id. There was no evidence that
Detective Brown made any show of force, threats, trickery, or deception of Defendant,
and Defendant does not argue that these things happened. The trial court also made
findings regarding Defendant’s mental condition and education, stating that
Defendant had a GED and was able to read and write.
Again, Defendant’s main argument focuses on the lack of findings about what
medications he was on, the dosages and times administered, and what the effects of
those medications might have been. But the trial court’s findings addressed the
actual evidence presented: Detective Brown asked the nurse whether Defendant
would be able to talk to him and she said he would. Detective Brown also asked
Defendant whether he felt able to talk to him, and he said he was able. Detective
Brown was also able to assess Defendant’s level of awareness and understanding
during the entire interview, and the trial court listened to the recording of that
interview. Defendant asks us to speculate about potential medical issues not shown
in the evidence; we cannot engage in that type of speculation.
Ultimately, the findings of fact show the following: Defendant executed a
written Miranda waiver; Detective Brown inquired into Defendant’s condition, both
with his nurse and Defendant himself; Defendant acknowledged that he was willing
to speak; Defendant was engaged during his conversation with Detective Brown;
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STATE V. RIDDICK
Opinion of the Court
Detective Brown offered Defendant the opportunity to withdraw; Defendant had a
GED; and Defendant was not intimidated or promised anything during the
conversation. These findings of fact are hardly comparable to the minimal findings
in Williford, as they directly address the circumstances under which Defendant made
statements to Detective Brown.
Therefore, there were sufficient findings of fact to support the trial court’s
conclusion that Defendant’s statements were not “obtained in violation of due
process.”
III. Conclusion
We hold that the trial court did not err in denying both of Defendant’s motions
to suppress State’s Exhibit 117.
NO ERROR.
Judges HAMPSON and FREEMAN concur.
Report per Rule 30(e).
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