State v. Anthony

565 So. 2d 565, 1990 Ala. LEXIS 111, 1990 WL 34997
CourtSupreme Court of Alabama
DecidedFebruary 16, 1990
Docket88-685
StatusPublished
Cited by3 cases

This text of 565 So. 2d 565 (State v. Anthony) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Anthony, 565 So. 2d 565, 1990 Ala. LEXIS 111, 1990 WL 34997 (Ala. 1990).

Opinions

HORNSBY, Chief Justice.

The petitioner was found guilty of the murder of his estranged wife’s stepfather, the attempted murder of his wife’s mother, and the kidnapping of his estranged wife. The record shows that the evidence concerning the events of the morning of December 11, 1986, is conflicting. The evidence does indicate, however, that the defendant’s wife, Karen Anthony; her mother, Linda Ballinger; and her stepfather, Eugene Ballinger, were on their way to a divorce hearing involving Karen and the defendant. The state’s evidence indicates, through the testimony of Karen Anthony, that the truck in which the three were riding was forced off the road by the defendant. The defendant’s testimony indicates that Mr. Ballinger sideswiped the defendant’s automobile when the defendant attempted to get Mr. Ballinger to pull over so that the defendant could talk to Karen.

The evidence shows that the stepfather got out of his truck and went to the driver’s side of the defendant’s car. The record reveals conflicting testimony as to the remaining events.

[566]*566The defendant’s wife testified that, after a brief altercation, she observed the defendant aiming and shooting a shotgun at her stepfather, who, she said, was on the ground near the driver’s side of the defendant’s car. She also testified that she saw the defendant shoot her mother, as her mother was running from the scene. She testified that the defendant then came to the truck and kidnapped her, taking her to Florida. She said that they stopped briefly at an abandoned house in Florida; that the defendant raped her there; and that they then proceeded to Mobile, where they were ultimately apprehended by law enforcement agencies.

The defendant’s testimony, as well as the story he had previously told the court-appointed psychologist, indicates that the defendant remembered little of the events that transpired after the gunshot that killed Eugene Ballinger. The defendant asserts that Mr. Ballinger came to the driver’s side of the car while the defendant was attempting to get out of the car. Each time he attempted to get out, the defendant said, Mr. Ballinger would hit him. The defendant said that he finally got out of the car and that Mr. Ballinger then tried to choke him.

The defendant further testified that he threw off Mr. Ballinger’s hands, causing Mr. Ballinger to lose his balance and fall to the ground; that the defendant grabbed a shotgun that was on the back seat of the car and pointed it at Mr. Ballinger; and that when he turned to look for Karen, Mr. Ballinger tugged on the gun and it went off.

The defendant was indicted on 13 various counts of capital murder, attempted murder, first degree robbery, and first degree kidnapping. He pleaded not guilty and, just before trial, not guilty by reason of insanity. The defendant was convicted of murder, attempted murder, and first degree kidnapping. He was sentenced to life imprisonment on both the murder and the attempted murder convictions. He was sentenced to 15 years’ imprisonment on the kidnapping conviction. These sentences were to run concurrently.

ISSUES

The defendant claims that during his trial he was not allowed to properly question witnesses who were going to testify concerning his wife’s alleged infidelity, which he claimed affected his mental state. In his petition, the defendant makes three arguments: 1) that the trial court improperly limited evidence of his mental capacity; 2) that the trial court improperly admitted certain photographic evidence; and 3) that the indictment was void because of a conflict of interest of the district attorney at the time he presented the case to the grand jury.

We granted the defendant’s petition for writ of certiorari to determine whether the trial court impermissibly restricted the defendant’s insanity defense by refusing to permit him to present evidence that his wife had committed adultery. Because we reverse on this issue, the remaining issues raised by the defendant will not be addressed.

Karen Anthony testified as a State’s witness concerning the facts noted above. On cross-examination by defense counsel, she was asked whether she had had sexual relations with four named individuals and others during her marriage to petitioner. The State made no objection to this question, and she denied engaging in such conduct. The defendant called as witnesses these particular individuals when presenting his case and offered to show that each had had sexual relations with the defendant’s wife. The State objected each time, and the trial court sustained the objections.

ADMISSIBILITY OF EVIDENCE OF MENTAL INCAPACITY

Alabama’s insanity defense is set out at Ala.Code (1975), § 13A-3-l(a). The defendant has the burden of showing that “as a result of severe mental disease or defect, [he] was unable to appreciate the nature and quality or wrongfulness of his acts.” Id.

Generally, in Alabama, wide latitude is allowed both the defendant and the state [567]*567in inquiries into a person’s mental state when the issue of sanity is presented. Watts v. State, 282 Ala. 245, 210 So.2d 805 (1968); see also 1 Wharton, Criminal Evidence, § 162, p. 653 (14th ed. 1985); J. McElroy, Relevancy of Evidence in Alabama Upon An Issue of A Person’s Mental Capacity, 4 Ala.Law. 384, 396 (1943). A requirement of the defense, however, is that the acts, declarations, and conduct inquired about must have a tendency to shed light on the person’s state of mind when the act for which he is being tried was committed. Id. Further, where insanity is relied upon as a defense, every act of the accused’s life that throws some light on the issue is relevant. Nichols v. State, 276 Ala. 209, 160 So.2d 619 (1964). See also, Barbour v. State, 262 Ala. 297, 78 So.2d 328 (1955); Hall v. State, 248 Ala. 33, 26 So.2d 566 (1946); Reedy v. State, 246 Ala. 363, 20 So.2d 528 (1945).

As stated by Professor Wigmore:

“The first and fundamental rule, then, [is] that any and all conduct of the person is admissible in evidence. There is no restriction as to the kind of conduct. There can be none; for if a specific act does not indicate insanity it may indicate sanity. It will certainly throw light one way or the other upon the issue. 'Upon this I believe that no difference of opinion will be found to exist,’ said Mr. Justice Patteson ..., ‘as to the principle on which such evidence is admissible: Every act of the party’s life is relevant to the issue.’ There can be no escape from this consequence. There is no distinction in kind (whatever there may be in degree) between one or another piece of conduct as evidence to be considered; some inference is always possible.”

2 Wigmore on Evidence, § 221, p. 9 (1979) (some emphasis original; other emphasis added). Further, it has been written:

“[W]hen conduct is looked to as an index of the rationality of mental operations, and the facts upon which the conduct was based being essential to forming a standard of judgment, the acts and communications of third persons may become relevant — not as in themselves having value, but as the raw material (as it were) for the mental manufacture of the person in question....
“Accordingly, when any act of his is found, preceded by third persons’ acts or communications, the latter are essential to a judgment upon the former.

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Related

State v. Hurles
914 P.2d 1291 (Arizona Supreme Court, 1996)
Brown v. State
686 So. 2d 385 (Court of Criminal Appeals of Alabama, 1995)
Anthony v. State
565 So. 2d 570 (Court of Criminal Appeals of Alabama, 1990)

Cite This Page — Counsel Stack

Bluebook (online)
565 So. 2d 565, 1990 Ala. LEXIS 111, 1990 WL 34997, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-anthony-ala-1990.