Rucker v. State

744 S.E.2d 36, 293 Ga. 116, 2013 Fulton County D. Rep. 1699, 2013 WL 2372203, 2013 Ga. LEXIS 492
CourtSupreme Court of Georgia
DecidedJune 3, 2013
DocketS13A0402
StatusPublished
Cited by9 cases

This text of 744 S.E.2d 36 (Rucker v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rucker v. State, 744 S.E.2d 36, 293 Ga. 116, 2013 Fulton County D. Rep. 1699, 2013 WL 2372203, 2013 Ga. LEXIS 492 (Ga. 2013).

Opinion

BENHAM, Justice.

Stephen LaBrellie Rucker filed this appeal from his conviction for the aggravated assault and felony murder of Jeremy Kidd.1 Rucker asserts the trial court erred in failing to grant his motion for [117]*117mistrial on the ground that the prosecutor improperly inserted his character into evidence and also erred in refusing to permit his trial counsel to impeach a prosecution witness with proof of'a pending indictment against him to show the witness’s bias. Rucker also requests that the case be remanded to the trial court for an evidentiary hearing on the issue of alleged ineffective assistance of trial counsel. For the reasons set forth below, we affirm the trial court.

Viewed in the light most favorable to the verdict, the evidence shows the victim died as a result of stab wounds sustained in a fight that occurred on the front porch of Rucker’s sister’s apartment. Several people were at the apartment at the time of the fight, and a significant amount of alcohol had been consumed over the course of the evening, although there was testimony that Rucker was not among those who were drinking. Rucker and the victim engaged in a physical struggle as a result of angry words. No witness testified that he or she saw who inflicted the wounds, though Rucker told his then-girlfriend he did it. Further, Rucker exclaimed to his girlfriend as he ordered her to get into her car and drive them away from the scene of the crime, “I done threw my life away.” Both Rucker and another individual present at the time of the fight, Carlos Gray, were known to have had one or more knives in their possession at some point in the evening. Thus, Rucker’s theory of defense was that it was not he but Gray who committed the crimes. Rucker testified at trial and admitted, however, that he owned the knife recovered from the bushes near the apartment on which the victim’s blood was found, but he denied having the knife in his possession outside the apartment on the night in question. Gray testified he attempted to break up the fight, at which point a knife fell into his hands which he then dropped. Rucker exclaimed “Where’s the knife? Where’s the knife?” Rucker then grabbed the knife and ran around the side of the apartment.

Gray testified he also fled the premises and tossed away, at another location in the neighborhood where the fight occurred, a knife that had been in his possession. A knife matching that description was recovered in the neighborhood, but no blood was found on it. Gray testified he got rid of his knife because he did not want to be found in possession of a knife in violation of parole. Earlier in the [118]*118evening Gray was seen in possession of a steak knife that was found at the apartment, but it, too, tested negative for the presence of blood.

Once officers arrived at the scene, a “be on the lookout” notice was issued for Rucker. Approximately one hour later Rucker and his girlfriend were spotted in her car, they were stopped, and he was arrested. By that time Rucker had tossed his bloody slacks into the woods on a rural road. Lab tests confirmed the presence of the victim’s blood on the slacks recovered from the woods, on boots Rucker was wearing at the time he was arrested, and on other articles of Rucker’s clothing found in the girlfriend’s car.

1. The evidence adduced at trial and summarized above was sufficient to authorize a rational trier of fact to find appellant guilty beyond a reasonable doubt of the crimes for which he was convicted. See Jackson v. Virginia, 443 U. S. 307 (99 SCt 2781, 61 LE2d 560) (1979).

2. In his first enumeration of error, Rucker asserts the trial court erred in denying his motion for a mistrial brought on the ground that the prosecutor improperly injected his character into the trial as a result of the prosecutor’s cross-examination of defénse witness Terrence Johnson.

A trial court’s denial of a motion for mistrial based on the improper admission of bad character evidence is reviewed for abuse of discretion by examining factors and circumstances, including the nature of the statement, the other evidence in the case, and the action taken by the court and counsel concerning the impropriety.

Agee v. State, 279 Ga. 774, 777 (4) (621 SE2d 434) (2005) (citations and punctuation omitted). We find no abuse of discretion in this case.

At trial, the prosecution presented the testimony of Rucker’s former girlfriend, Brandi Warren, who testified, among other things, about Rucker’s conduct after the fight, including the time she spent driving him to various locations before they were stopped by the police and Rucker was arrested. She explained that she transported Rucker in her car the night of the fight and did not attempt to flee his presence because she was “terrified” he would hurt her. On cross-examination, Ms. Warren admitted she regularly wrote to Rucker for a period of time while he was incarcerated and that in such letters she repeatedly stated she knew he did not commit the crime and professed her love for him. She explained, again, that she made these comments out of fear of retribution by Rucker or his associates, even though Rucker was incarcerated.

[119]*119Rucker’s trial counsel called Terrence Johnson as a witness to, among other things, impeach Ms. Warren’s credibility. Mr. Johnson is Rucker’s cousin and lived at the home of Rucker’s grandmother. Mr. Johnson was home when Rucker and Ms. Warren visited that residence between the time they left the scene of the crime and Rucker’s arrest. Mr. Johnson testified Ms. Warren did not appear upset or afraid nor did she say anything that would indicate she was being held captive. On cross-examination, the prosecutor established that Mr. Johnson knew Rucker and then asked, “Would you be surprised to hear that Ms. Warren thinks he’s violent? Do you know him to be violent?” No objection to this question was raised. When Mr. Johnson answered in the negative, the prosecutor attempted to impeach this testimony by commencing to question Mr. Johnson about whether he had filed a police report attesting that Rucker had come after him with a sword and broken the windows of Mr. Johnson’s car. The witness denied he had filed a police report but stated he had given testimony. When the prosecutor asked whether Mr. Johnson considered somebody who would come after him with a sword to be violent, the witness denied Rucker had come after him with a sword. The prosecutor then asked: “That’s not what you said in your police report?”

At that point, Rucker’s trial counsel objected on the ground that the police report is hearsay and cannot be placed into evidence. Outside the presence of the jury, defense counsel also objected on the ground the prosecution had improperly introduced Rucker’s character into evidence and then moved for mistrial. Additionally, defense counsel objected on the ground that the credibility of the witness had been improperly impeached because the prosecutor created the impression to the jury that Mr. Johnson had lied about filing a police report when, in fact, the report was filed by the police, not Mr. Johnson. Defense counsel renewed the motion for mistrial upon both grounds and argued that curative instructions would not be sufficient to cure the damage. The trial court denied the motion for mistrial and gave curative instructions with respect to the testimony about an alleged incident between the witness and Rucker.

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Bluebook (online)
744 S.E.2d 36, 293 Ga. 116, 2013 Fulton County D. Rep. 1699, 2013 WL 2372203, 2013 Ga. LEXIS 492, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rucker-v-state-ga-2013.