Leach v. Commonwealth

571 S.W.3d 550
CourtMissouri Court of Appeals
DecidedApril 18, 2019
Docket2018-SC-000239-MR
StatusPublished
Cited by28 cases

This text of 571 S.W.3d 550 (Leach v. Commonwealth) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Leach v. Commonwealth, 571 S.W.3d 550 (Mo. Ct. App. 2019).

Opinion

OPINION OF THE COURT BY JUSTICE KELLER

*553An Ohio County jury found Ronnie Leach guilty of six counts of Sexual Abuse in the First Degree, victim under 12; one count of Sexual Abuse in the First Degree; and four counts of Sodomy in the First Degree, victim under 12. He was sentenced to life in prison. This appeal followed as a matter of right. Having reviewed the arguments of the parties, we affirm the judgment of the Ohio Circuit Court.

I. BACKGROUND

In 2014, Misty S.1 reported to police that Ronnie Leach had sexually assaulted her from approximately 1985 to 1988. At that time, Leach and Misty S. 's aunt, Janet Welch, were married. These assaults occurred over a period of years, when numerous members of the family were gathered at Leach's home. She disclosed that Leach kissed her and fondled her breasts. He digitally penetrated her on a number of occasions. He forced her to touch his penis. He performed oral sex on her, and he forced her to perform oral sex on him. These incidents occurred both outside of Leach's house, in the woods at the back of his property, and also inside of his house, in a bedroom and a laundry room. When they would occur in the woods at the back of Leach's property, they occurred while playing a game called "taxi." During the course of this game, various people would pile into an old car and drive it around the property. The driver would make various stops around the property, dropping off different combinations of people, returning a few minutes later to pick them back up. Leach would sexually assault Misty S. when the two of them were dropped off alone, while waiting for the "taxi" to return to pick them up. Misty S. did not report this abuse until 2014, when she heard that Leach's stepdaughter, April T.2 , had also accused him of sexually abusing her. Additional facts will be developed as needed in the analysis of the legal issues in this case.

II. ANALYSIS

Leach argues several grounds for relief: (1) the trial court erred when it allowed the government to present KRE3 404(b) evidence; (2) the trial court erred when it did not allow the defense to present KRE 412 evidence; and (3) the trial court erred when it allowed Facebook messages into evidence when they were not properly authenticated. We will address each of these contentions in turn.

A. Standard of Review

The standard of review on evidentiary issues is abuse of discretion. Clark v. Commonwealth, 223 S.W.3d 90, 95 (Ky. 2007) and Commonwealth v. English, 993 S.W.2d 941, 945 (Ky. 1999). "The test for abuse of discretion is whether the trial judge's decision was arbitrary, unreasonable, unfair, or unsupported by sound legal principles." Goodyear Tire & Rubber Co. v. Thompson, 11 S.W.3d 575, 581 (Ky. 2000), Simpson v. Commonwealth, 889 S.W.2d 781, 783 (Ky. 1994), Woodard v. Commonwealth, 147 S.W.3d 63 (Ky. 2004). All of the issues on appeal in the present case are evidentiary issues, and therefore will be reviewed using an abuse of discretion standard.

*554B. The trial court did not err in admitting KRE 404(b) evidence.

1. KRE 404(b) in general

KRE 404(b) provides that evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show action in conformity therewith. It may be admissible if offered for some other purpose. Because the degree of the potential prejudice associated with evidence of this nature is significantly higher, exceptions allowing evidence of collateral criminal acts must be strictly construed. As a result, KRE 404(b) is exclusionary in nature. Bell v. Commonwealth, 875 S.W.2d 882, 889 (Ky. 1994). The provision offers no easy formula for resolution of issues that are inherently difficult and that require a very careful balancing of competing interests.4 As Professor Lawson states, "With no black-letter rules, bright lines, or shortcuts to guide the users of 404(b), the need for careful analysis and reasoned judgment is absolutely essential."5 The admissibility of KRE 404(b) evidence is within the discretion of the trial court. Clark, 223 S.W.3d at 96.

In order to determine if other bad acts evidence is admissible, the trial court should use a three-prong test: (1) Is the evidence relevant? (2) Does it have probative value? (3) Is its probative value substantially outweighed by its prejudicial effect? Purcell v. Commonwealth, 149 S.W.3d 382, 399-400 (Ky. 2004). The first prong of the test is whether the proffered evidence is relevant for a purpose other than criminal disposition. KRE 404(b)(1) provides a list of other acceptable uses of "other bad acts" evidence. This list, however, is not exhaustive but illustrative. Tamme v. Commonwealth, 973 S.W.2d 13, 29 (Ky. 1998). In reviewing relevance, courts must determine that the "other bad acts" evidence is offered to prove material facts that are actually in dispute.

After determining relevancy, the trial court must determine if the evidence of the uncharged crime is sufficiently probative of its commission by the accused to warrant its introduction into evidence. It is sufficiently probative if the trial judge believes "the jury could reasonably infer that the prior bad acts occurred and that [the defendant] committed such acts." Parker v. Commonwealth, 952 S.W.2d 209, 214 (Ky. 1997).

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Bluebook (online)
571 S.W.3d 550, Counsel Stack Legal Research, https://law.counselstack.com/opinion/leach-v-commonwealth-moctapp-2019.