{
  "id": 8527305,
  "name": "STATE OF NORTH CAROLINA v. THOMAS SHREVE",
  "name_abbreviation": "State v. Shreve",
  "decision_date": "1989-06-20",
  "docket_number": "No. 884SC926",
  "first_page": "383",
  "last_page": "386",
  "citations": [
    {
      "type": "official",
      "cite": "94 N.C. App. 383"
    }
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  "court": {
    "name_abbreviation": "N.C. Ct. App.",
    "id": 14983,
    "name": "North Carolina Court of Appeals"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
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    {
      "cite": "83 L.Ed. 2d 299",
      "category": "reporters:federal",
      "reporter": "L. Ed. 2d",
      "year": 1984,
      "opinion_index": 0
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      "cite": "105 S.Ct. 363",
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      "reporter": "S. Ct.",
      "year": 1984,
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    {
      "cite": "469 U.S. 963",
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      "cite": "316 S.E. 2d 197",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "year": 1984,
      "opinion_index": 0
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    {
      "cite": "311 N.C. 1",
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    {
      "cite": "302 S.E. 2d 174",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "year": 1983,
      "opinion_index": 0
    },
    {
      "cite": "308 N.C. 231",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
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      "year": 1983,
      "opinion_index": 0,
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    {
      "cite": "376 S.E. 2d 745",
      "category": "reporters:state_regional",
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      "year": 1989,
      "pin_cites": [
        {
          "parenthetical": "trial court erred in failing to give instruction that evidence of law-abidingness may be considered as substantive evidence of defendant's innocence"
        }
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    },
    {
      "cite": "324 N.C. 190",
      "category": "reporters:state",
      "reporter": "N.C.",
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        2486024
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      "year": 1989,
      "pin_cites": [
        {
          "parenthetical": "trial court erred in failing to give instruction that evidence of law-abidingness may be considered as substantive evidence of defendant's innocence"
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    {
      "cite": "364 S.E. 2d 354",
      "category": "reporters:state_regional",
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      "year": 1988,
      "opinion_index": 0
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    {
      "cite": "321 N.C. 541",
      "category": "reporters:state",
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      "year": 1988,
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  ],
  "analysis": {
    "cardinality": 402,
    "char_count": 6718,
    "ocr_confidence": 0.74,
    "pagerank": {
      "raw": 4.03580807328026e-08,
      "percentile": 0.20558785473593247
    },
    "sha256": "d16c66aed6d76e9f6b9a4ee25ebe876fa1856d09cf059095335d4551beacb91e",
    "simhash": "1:bf9689be655e1cf1",
    "word_count": 1084
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  "last_updated": "2023-07-14T20:07:12.068465+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "Chief Judge HEDRICK and Judge WELLS concur."
    ],
    "parties": [
      "STATE OF NORTH CAROLINA v. THOMAS SHREVE"
    ],
    "opinions": [
      {
        "text": "EAGLES, Judge.\nDefendant first assigns as error the trial court\u2019s refusal to allow defendant to present character witnesses to testify as to his character for peacefulness. Defendant argues that his character for peacefulness is directly at issue in determining whether he willfully communicated a threat. We agree and reverse and remand for a new trial.\nThe State concedes that it cannot distinguish the instant case from our Supreme Court\u2019s decision in State v. Squire, 321 N.C. 541, 364 S.E. 2d 354 (1988), which granted a new trial when the trial court refused to allow evidence of pertinent character traits. See also State v. Bogle, 324 N.C. 190, 376 S.E. 2d 745 (1989) (trial court erred in failing to give instruction that evidence of law-abidingness may be considered as substantive evidence of defendant\u2019s innocence). However, the State argues that the error was not prejudicial. We disagree.\nG.S. 14-277.1 provides that\n(a) A person is guilty of a misdemeanor if without lawful authority:\n(1) He willfully threatens to physically injure the person or damage the property of another;\n(2) The threat is communicated to the other person, orally, in writing, or by any other means;\n(3) The threat is made in a manner and under circumstances which would cause a reasonable person to believe that the threat is likely to be carried out; and\n(4) The person threatened believes that the threat will be carried out.\nDefendant presented evidence which showed that those people around him considered his statement to be a bad joke. Defendant had protested in front of the clinic more than twenty times previously without incident. Additionally, there were small children in close proximity to defendant and the clinic when he made the statement. Evidence of defendant\u2019s peacefulness was relevant to the issues of defendant\u2019s willfulness in making the statement, whether the statement would have been believed by a reasonable person as well as the reasonableness of Ross\u2019 perception that the statement was not a joke. Accordingly, we hold that the trial court\u2019s ruling was prejudicial error.\nBecause of the likelihood of its recurrence at any retrial, we also address defendant\u2019s second assignment of error. Defendant contends that the trial court erred in refusing to allow him to cross-examine Ross about her experiences in Cyprus just a few months earlier. Defendant argues that this evidence was relevant in determining whether Ross believed that defendant would actually throw a bomb.\nWhile an accused in a criminal case is guaranteed his right of cross-examination, the trial court may limit the scope of cross-examination. State v. Newman, 308 N.C. 231, 302 S.E. 2d 174 (1983). However, the trial court\u2019s rulings on limiting the scope of cross-examination will not be reversed unless defendant can show an abuse of discretion. State v. Maynard, 311 N.C. 1, 316 S.E. 2d 197, cert. denied, 469 U.S. 963, 105 S.Ct. 363, 83 L.Ed. 2d 299 (1984). The testimony defendant attempted to elicit here was collateral to the charges tried. We find no abuse of discretion.\nOur holding here makes it unnecessary to address defendant\u2019s final assignment of error. For the reasons stated we reverse and remand for a new trial.\nNew trial.\nChief Judge HEDRICK and Judge WELLS concur.",
        "type": "majority",
        "author": "EAGLES, Judge."
      }
    ],
    "attorneys": [
      "Attorney General Thornburg, by Special Deputy Attorney General Robert G. Webb, for the State.",
      "Holleman, Stam and Reed, by Paul Stam, Jr.; Perry, Perry & Perry, by James S. Perry, for defendant-appellant."
    ],
    "corrections": "",
    "head_matter": "STATE OF NORTH CAROLINA v. THOMAS SHREVE\nNo. 884SC926\n(Filed 20 June 1989)\n1. Criminal Law \u00a7 85.1\u2014 communicating a threat \u2014 character for peacefulness \u2014 evidence improperly excluded\nIn a prosecution of defendant for communicating a threat, the trial court erred in refusing to allow defendant to present character witnesses to testify as to his character for peacefulness where defendant presented evidence that people around him considered his statement that he would throw a bomb into a clinic which sometimes performed abortions to be a bad joke; defendant had protested in front of the clinic more than twenty times previously without incident; there were small children in close proximity to defendant and the clinic when he made the statement; and evidence of defendant\u2019s peacefulness was relevant to the issues of defendant\u2019s willfulness in making the statement, whether the statement would have been believed by a reasonable person, and whether the person at whom the statement was directed was reasonable in her belief that it was not a joke.\n2. Criminal Law \u00a7 88.3\u2014 cross-examination as to collateral matters \u2014 cross-examination properly limited\nIn a prosecution of defendant for communicating a threat, the trial court did not err in refusing to allow him to cross-examine the person at whom the threat was directed about her experiences in Cyprus just a few months earlier, and there was no merit to defendant\u2019s argument that this evidence was relevant in determining whether the victim believed that defendant would actually throw a bomb, since the testimony defendant attempted to elicit was collateral to the charges tried.\nAPPEAL by defendant from Tillery, Judge. Judgment entered 24 May 1988 in Superior Court, ONSLOW County. Heard in the Court of Appeals 10 April 1989.\nDefendant Thomas Shreve was initially tried on two counts of communicating a threat, a violation of G.S. 14-277.1. The jury was unable to reach a verdict and the trial court declared a mistrial. Upon retrial defendant was convicted of one count of communicating a threat.\nThe State\u2019s evidence tends to show the following: The Crist Clinic for Women in Jacksonville is an obstetrics and gynecological practice which, upon occasion, performs abortions. On 18 September 1987 defendant participated in an anti-abortion protest in front of the clinic. Defendant had protested at that clinic twenty or more times previously and had never communicated a threat towards any person affiliated with the clinic. The business manager for the clinic is Kathy Ross (Ross). She testified that on 18 September 1987 at 8:20 a.m., while she was at the clinic\u2019s door, defendant yelled at her, \u201cMrs. Ross, if you will hold that door open, I\u2019m going to throw a bomb in there and get you out.\u201d When defendant yelled at Ross, fellow protesters were nearby pushing children in strollers. At trial defendant presented witnesses who testified that they thought defendant was telling a bad joke. Ross called the police between 2:00 p.m. and 3:00 p.m.\nThe trial court sentenced defendant to ninety days in jail, suspended the sentence and placed defendant on unsupervised probation for five years. In addition, the trial court ordered defendant to pay a $300 fine. Defendant appeals.\nAttorney General Thornburg, by Special Deputy Attorney General Robert G. Webb, for the State.\nHolleman, Stam and Reed, by Paul Stam, Jr.; Perry, Perry & Perry, by James S. Perry, for defendant-appellant."
  },
  "file_name": "0383-01",
  "first_page_order": 413,
  "last_page_order": 416
}