in the Court of Appeals 10 January 2017.
by defendant from judgment entered 2 September 2015 by Judge
R. Allen Baddour Jr. in Alamance County, No. 14 CRS 55089
Attorney General Joshua H. Stein, by Special Deputy Attorney
General Tenisha S. Jacobs, for the State.
Appellate Defender Glenn Gerding, by Assistant Appellate
Defender Michele A. Goldman, for defendant-appellant.
defendant fails to establish any fundamental error had a
probable impact on the jury verdict, defendant cannot show
plain error where the trial court did not instruct the jury
on self-defense. Also, where defendant fails to establish
Harbison error as a basis for ineffective assistance
of counsel, we deny her motion for appropriate relief.
January 2015, defendant Falecia Ann Richmo McCaster was
indicted on charges of assault on a government
official/employee inflicting physical injury and disorderly
conduct in a public building. The State elected not to
proceed on the charge of disorderly conduct and dismissed
that charge. The charges of assault on a government official
came on for trial during the 31 August 2015 criminal session
of Alamance County Superior Court, the Honorable R. Allen
Baddour Jr., Judge presiding.
trial, the State's evidence tended to show that in the
morning on 27 August 2014, defendant met Alamance County
Clerk of Court David Barber in the Office of the Clerk of
Court in regard to an estate matter. Barber testified that
defendant asked him to reopen her deceased husband's
estate, refund money to her, and pay bills for her. Barber
informed defendant that all of the estate's funds had
been distributed and that the estate had been closed. Barber
testified that defendant began yelling and screaming at him.
"She wanted her money. She wanted us to open the estate
and accusing us of, you know, cheating her."
Q. Okay. And how close was she to you?
A. I would say about a foot away.
Q. Okay. So she was in your personal space?
Q. And were you concerned?
. . . .
morning, Captain Paul Fine with the Alamance County
Sheriff's Department was in uniform, working as a
courtroom bailiff when he received notice that there was a
problem in the Clerk's Office and help was needed
immediately. Captain Fine heard "a lot of hollering and
cursing coming from the estates division in the clerk's
office, " and when he entered the clerk's office,
observed defendant "probably a foot away from
[Barber's] face cursing and screaming at him." When
Captain Fine walked up behind defendant, she turned to face
him. Being directed to leave, she responded, "I
ain't going no damn where." When Captain Fine took
her by her upper arm, defendant struck and scratched his
face. Captain Fine described defendant's conduct as
"[w]ell, she was like somebody deranged. I mean, she
just went off." A ...