Halford v. State

27 S.W.3d 346, 342 Ark. 80, 2000 Ark. LEXIS 414
CourtSupreme Court of Arkansas
DecidedSeptember 21, 2000
DocketCR 99-1246
StatusPublished
Cited by21 cases

This text of 27 S.W.3d 346 (Halford v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Halford v. State, 27 S.W.3d 346, 342 Ark. 80, 2000 Ark. LEXIS 414 (Ark. 2000).

Opinion

Robert L. Brown, Justice.

This is an appeal by appellant James Richard Halford from a judgment of conviction for aggravated robbery and a sentence of life imprisonment. Halford advances three grounds for appeal: (1) certain photographic evidence was cumulative, inflammatory, and unfairly prejudicial; (2) the trial court erred in disallowing defense counsel to cross-examine Patricia Payne on possible bias; and (3) victim-impact evidence presented during the sentencing phase was fundamentally unfair. We hold that none of these grounds warrants a reversal of the judgment, and we affirm.

The facts of this case were described by the victim, Everett Tolton, at trial. On April 15, 1998, Tolton, age 58, pulled into the driveway of his residence in Fort Smith for lunch and found a red Ford Escort station wagon parked there. He thought it might be his sister-in-law’s vehicle. He walked to the front door of his house and found it locked. He unlocked the door and went inside. After he said, “Hello, is anyone here?,” he heard a voice behind him say, “Hit the floor.” Startled, he turned and saw a person behind him who said, “Hit the floor I said. I will kill you.” The intruder was wielding a knife. Tolton fell to the floor and the intruder, who was later identified as Halford, tied his hands behind his back.

After taking the money from Tolton’s wallet and a gold ring, Halford told Tolton that he had to kill him. He turned Tolton over and began stabbing him in the face and ears. He next tried to choke him saying, “Give it up old man, you can’t fight me.” He added, “Goodbye.” Tolton freed his hands and grabbed Halford in the groin. He then grabbed the knife and backed Halford up into the entrance way of the house, at which point Halford began kicking him. Tolton fled the house, but while in his yard, Halford struck him on the head with an iron skillet. Tolton attempted to cut Halford, and Halford hit him in the head again. Tolton passed out for a few minutes. When he came to, Halford had left. Tolton went to his car and called 911 on his cellular phone.

At the ensuing trial, Tolton identified Halford as his assailant. The jury found Halford guilty of aggravated robbery, and after considering five prior felony convictions in Texas, the jury sentenced him to life in prison.

I. Photographic Evidence

Halford first argues that the trial court erred in admitting State’s Exhibits 6 and 7 because they were cumulative and inflammatory photographs following in the wake of State’s Exhibit 5. All three photographs depicted blood stains on the carpet at Tolton’s house. Halford further contested the admission of State’s Exhibits 10 and 11, which were photographs of Tolton, after the attack. Regarding State’s Exhibits 10 and 11, Halford claims that one of these photographs would have been sufficient. He also claims regarding all the photographs that they failed to assist the jury in understanding the testimony and contributed no additional probative value. The main purpose of admitting all the photographs, he contends in his brief, was to “get more blood in front of the jury.” He further states in connection with both sets of photographs that the trial court failed to apply the balancing test found in Arkansas Rule of Evidence 403, regarding whether the danger of unfair prejudice substantially outweighed the photographs’ probative value.

With respect to State’s Exhibits 6 and 7, which depict the blood on the living room floor, the State first maintains that Halford’s arguments are barred by his failure to make timely and specific objections to the introduction of the photographs. More specifically, the State argues that following the admission of State’s Exhibit 5, Halford’s counsel objected to the admission of one of the next two photographs based on their cumulative and inflammatory nature. But, the State contends, counsel’s objection was unclear and failed to specify which of the two photographs was the objectionable photograph. Additionally, the State notes that after the trial court allowed the next two photographs to be presented, the State offered them into evidence, and they were admitted with Halford’s affirmative assertion of “no objections.” Regarding State’s Exhibits 10 and 11, the State again asserts counsel was unclear as to which photograph he wanted excluded.

We conclude that defense counsel sufficiently preserved the issue of prejudicial photographs relating to Exhibits 6 and 7 for appeal. From the context of his objection and the argument that followed at the sidebar conference, it is clear that the discussion pertained to the next two photographs to be admitted after State’s Exhibit 5. Throughout the discussion, defense counsel had said that he did not want both photographs introduced because that would be cumulative and inflammatory. When the trial court made its ruling, it referred to allowing “those two to be introduced,” which, taken in context refers to State’s Exhibits 6 and 7. The same holds true for State’s Exhibits 10 and 11. Defense counsel argued that one of the photographs was all that was necessary, but the trial court ruled otherwise. It is clear to us that the ruling concerned State’s Exhibits 10 and 11.

This court will not reverse a trial court’s admission of photographs absent an abuse of discretion. See Stewart v. State, 338 Ark. 608, 999 S.W.2d 684 (1999) (citing Jones v. State, 329 Ark. 62, 947 S.W.2d 339, cert. denied, 522 U.S. 1002 (1997)). In Camargo v. State, 327 Ark. 631, 940 S.W.2d 464 (1997), we discussed the admission of photographs at trial and said:

Although highly deferential to the trial court’s discretion in these matters, this court has rejected a carte blanche approach to admission of photographs. Berry v. State, 290 Ark. 223, 227, 718 S.W.2d 447, 450 (1986). We have cautioned against “promoting a general rule of admissibility that essentially allows automatic acceptance of all photographs of the victim and crime scene the prosecution can offer.” Id. at 228, 781 S.W.2d at 450. This court rejects the admission of inflammatory pictures where claims of relevance are tenuous and prejudice is great, and expects the trial court to carefully weigh the probative value of photographs against their prejudicial nature. Id. at 228-29, 781 S.W.2d at 450. We require the trial court to first consider whether such evidence, although relevant, creates a danger of unfair prejudice, and then to determine whether the danger of unfair prejudice substantially outweighs its probative value. Beed v. State, 271 Ark. 526, 609 S.W.2d 898 (1980). Relevant evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice. Ark. R. Evid. 403.

Camargo, 327 Ark. at 637, 940 S.W.2d at 467.

In this case, State’s Exhibit 6 displayed the same living room as State’s Exhibit 5 but from the opposite end of the couch in the direction of the hallway. It further displayed the victim’s wallet, which was not depicted in State’s Exhibit 5.

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Bluebook (online)
27 S.W.3d 346, 342 Ark. 80, 2000 Ark. LEXIS 414, Counsel Stack Legal Research, https://law.counselstack.com/opinion/halford-v-state-ark-2000.