State v. Babbitt

815 P.2d 1077, 120 Idaho 337, 1991 Ida. App. LEXIS 149
CourtIdaho Court of Appeals
DecidedJuly 26, 1991
DocketNo. 18712
StatusPublished
Cited by1 cases

This text of 815 P.2d 1077 (State v. Babbitt) is published on Counsel Stack Legal Research, covering Idaho Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Babbitt, 815 P.2d 1077, 120 Idaho 337, 1991 Ida. App. LEXIS 149 (Idaho Ct. App. 1991).

Opinion

WALTERS, Chief Judge.

Laurence Babbitt shot and killed Lee Elwell during a confrontation at the home of [338]*338Babbitt’s daughter in August, 1989. Babbitt was charged with second degree murder. Following trial by jury, the jury found Babbitt guilty of voluntary manslaughter. During the trial, the prosecutor was permitted — over Babbitt’s objection— to present evidence of prior occasions where Babbitt had defended himself with his fists and without a weapon, in fights with other persons. On appeal from the judgment of conviction, Babbitt argues that the admission of this evidence was reversible error and that the trial court committed further error by denying Babbitt’s motions for mistrial and for a new trial based upon the allegedly inadmissible evidence. We affirm.

The facts surrounding the shooting incident are as follows. Babbitt’s daughter, Cara, lived with her two-year old daughter in a small, four-room house in Coeur d’Alene. Her boyfriend, Lee Elwell, usually lived at the house also. In August, 1989, Cara was seven months pregnant with Elwell’s child. The defendant, Babbitt, who recently had been hospitalized as a result of a poisonous spider bite, had moved in with Cara earlier that month. Cara and Elwell were prone to having fights when either or both of them had had too much alcohol to drink. Considering Cara’s pregnancy, they had reached an understanding that if one or the other of them drank too much alcohol on a given evening, that person would sleep somewhere other than in the home to avoid arguments.

On the evening of August 29, Cara found Elwell at a nearby tavern. She later testified that “I was mad at him because I knew he was going to stay at the bar and drink beer all night. I was just mad at him, I didn’t think that was where he should be.” She let Elwell know her feelings by “[j]ust looking at him, you know, he knew I was mad, he knew exactly why I was mad.” She returned to her home and told her father that she was not going to let Elwell into the house. Cara locked the door to the house; Elwell did not have a key. She and her father retired for the night; she made a bed on the living room floor and Babbitt went to the bedroom where Cara’s daughter was sleeping. Before going to bed, Babbitt removed his pistol from the kitchen cupboard where it might be found by Elwell and took it to the bedroom with him.

Around 2:30 a.m. on August 30, Elwell came to the door of the house. When he pounded on the door, Cara awoke. Elwell demanded to be let in, but Cara refused and told him to go away. He continued to argue with her from outside and said he was going to break the door down. As Elwell battered the door, Cara ran into the bathroom and closed the door. She testified that she knew there was going to be a confrontation between Elwell and Babbitt; “I knew something was going to happen when the [front] door came open, and I didn’t want to be in the middle of all that” because of her pregnancy. She said she was concerned for Elwell’s safety because her father would not let anything happen to her: “I figured my dad would probably just beat him up and throw him out.” While she was in the bathroom she heard the front door “crash open.” Then she heard a shot. She came out of the bathroom and found Elwell lying on the front porch. At Babbitt’s urging, she ran next door where a friend called the police and an ambulance. When the police arrived a few minutes later, Elwell was dead. Babbitt led the police to the bedroom where he had replaced his handgun. He was arrested and charged with second degree murder.

During the trial, the prosecutor questioned Cara — the state’s first witness — concerning Babbitt’s past history of physical ability to fight. The court sustained Babbitt’s objections on grounds of relevance. However, on cross-examination by Babbitt’s counsel, she testified that she was aware Babbitt had undergone abdominal surgery in 1988, and she agreed that since his surgery he was not in any shape to fight with somebody like Lee Elwell. Later, through cross-examination of another witness for the state, the defense counsel brought out that during an interview by the police, Babbitt had indicated that— when Elwell was breaking into the house— he was in fear of his daughter’s safety, his own safety and that he was in poor condi[339]*339tion of health and he knew he could not defend himself against Elwell in his weak condition.

Babbitt testified in his defense. Consistent with the interview reported by the police, Babbitt said he shot Elwell out of fear for his daughter and himself. Describing Elwell’s entry into the house, Babbitt testified: “I honestly didn’t know what he was going to do. He was coming at me. He said he was going to deal with me and my daughter when he got in there.” Babbitt also testified about his own health and physical condition. He related the hospitalization for the spider bite, explained his abdominal surgery and testified that he was receiving social security disability as a result of two injuries to his back. With respect to the latter condition, he testified on direct examination:

Q: When did you first qualify for social security disability?
A: First time was 1969, I was on it for about a year and a half, and then I became disabled again in 1976.
Q: In 1969 what was the particular bodily impairment that made you qualify for disability social security at that time?
A: A broken back.
Q: And then you were on it for about a year at that time?
A: Yes.
Q: When you qualified again in 1976, what was it that made you qualify that time?
A: A broken back again.
Q: How did the first broken back take place?
MR. HAYNES: Your Honor, I’m going to object to the manner of it, it’s so long ago that it can’t possibly be relevant.
THE COURT: I’ll overrule it.
Q: (By Mr. Mitchell) Just briefly, how did the first?
A: My first broken back was on a construction accident, I was working for Frank Gurney, I was in a hole and a rock about so big fell out and hit me in the back.
Q: What about the second one in 1976?
A: It was a truck accident down in Oregon.
Q: And you have constantly been on social security disabled [sic] since 1976? A: Yes.
Q: To the present time?
A: Yes.
Q: Pre-dating the abdominal surgery that you have described?
A: Yes.
Q: As a result of the abdominal surgery what, if any, weight change occurred?
A: I used to weigh 195. I now weigh 155.
Q: How tall are you?
A: About five-five or maybe five-five- and-a half.
Q: What’s your best estimate of how tall Lee Elwell was?
A: I would say five-eight.

This testimony precipitated the following cross-examination by the prosecutor, which gives rise to the evidentiary challenge made in this appeal:

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Related

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822 P.2d 1005 (Idaho Court of Appeals, 1991)

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Bluebook (online)
815 P.2d 1077, 120 Idaho 337, 1991 Ida. App. LEXIS 149, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-babbitt-idahoctapp-1991.