State v. Dutt

73 P.3d 112, 139 Idaho 99
CourtIdaho Court of Appeals
DecidedMay 20, 2003
Docket28176
StatusPublished
Cited by6 cases

This text of 73 P.3d 112 (State v. Dutt) 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. Dutt, 73 P.3d 112, 139 Idaho 99 (Idaho Ct. App. 2003).

Opinion

PERRY, Judge.

David Shawn Dutt appeals from his judgment of conviction and sentences for three counts of lewd conduct with a minor. We affirm.

I.

FACTS AND PROCEDURE

Dutt was indicted by a grand jury on three counts of lewd conduct with a minor, I.C. § 18-1508, after his fourteen-year-old stepdaughter revealed that he had sexually abused her over a three-year period. After a trial, a jury found Dutt guilty of all three counts. Dutt was sentenced to two concurrent unified terms of thirty years, with minimum periods of confinement of ten years, and to a concurrent unified term of twenty years, with a ten-year minimum period of confinement.

Dutt now appeals, asserting that the district court violated his constitutional right to present a complete defense by limiting the testimony of one of his witnesses at trial and by admitting the testimony of a state witness concerning the behavior and characteristics of sexually abused children and offenders. Dutt also contends that his sentences are excessive.

II.

ANALYSIS

A. Limitation of Defense Witness’s Testimony

Prior to trial, the district court granted a request by Dutt for the preparation of a transcript of the grand jury proceeding. The district court ordered that a copy of the transcript be provided only to the state and defense counsel. 1 The state subsequently filed a pre-trial motion to exclude one of Dutt’s trial witnesses, contending that defense counsel had violated the district court’s order by providing a copy of the grand jury hearing transcript to the witness. At a hearing on the motion, the state informed the district court that the witness had received a copy of the grand jury hearing transcript and had become very hostile toward the state. The state advised that the witness had read the grand jury hearing transcript and the police reports and, based upon the witness’s review of those documents, the witness said that she was prepared to testify that the offenses with which Dutt was charged could not have happened on the dates and at the times alleged by the victim. The district court thereafter concluded that defense counsel was in violation of its order restricting distribution of the transcript. The district court consequently ruled that, prior to the defense witness being allowed to testify at trial, Dutt would have to demonstrate the witness’s knowledge both before and after her exposure to the grand jury hearing transcript. The district court concluded that, if Dutt could establish through an offer of proof that the witness’s trial testimony would not be influenced by her exposure to the transcript and would instead have an independent basis, the witness’s testimony would not be excluded.

Prior to the witness testifying at trial, Dutt submitted an offer of proof concerning the *102 witness’s testimony. The witness’s proffered testimony generally consisted of her opinion that, based on the victim’s behavior in the weeks and months following the victim’s removal from Dutt’s home, the victim’s allegations against Dutt were false. On cross-examination, the witness conceded that she had no personal knowledge of what occurred between the victim and Dutt. Dutt did not attempt to elicit any testimony from the witness concerning her knowledge of whether the offenses with which Dutt was charged could have happened on the dates and at the times alleged by the victim. Based on Dutt’s offer of proof, the district court concluded that the witness’s testimony would not be influenced by her exposure to the grand jury hearing transcript. Accordingly, the state’s motion to exclude the witness was denied. The district court instructed the witness to confine her testimony to those matters within her knowledge that were not based upon her review of the transcript, and the witness complied.

On appeal, Dutt contends that his constitutional right to present a complete defense was violated when the district court limited the testimony of his witness as a consequence of defense counsel’s violation of the district court’s order regarding distribution of the grand jury hearing transcript. Dutt claims that the'witness’s excluded testimony — that the offenses with which he was charged could not have happened on the dates and at the times alleged by the victim — was necessary to his defense that the victim’s allegations were untrue.

The right to present a complete and meaningful defense is grounded in the Sixth Amendment’s Compulsory Process Clause and the Fourteenth Amendment’s Due Process Clause. See Chambers v. Mississippi 410 U.S. 284, 294, 93 S.Ct. 1038, 1045, 35 L.Ed.2d 297, 308 (1973); Washington v. Texas, 388 U.S. 14, 17-19, 87 S.Ct. 1920, 1922-23, 18 L.Ed.2d 1019, 1022-23 (1967). Few rights are more fundamental than that of an accused to present witnesses in his or her defense. Chambers, 410 U.S. at 302, 93 S.Ct. at 1049, 35 L.Ed.2d at 312. The right to present exculpatory evidence is not without limitation, however. State v. Siegel, 137 Idaho 538, 543, 50 P.3d 1033, 1038 (Ct.App.2002). In the exercise of this right, the accused must comply with established rules of procedure and evidence designed to assure both fairness and reliability in the ascertainment of guilt and innocence. Chambers, 410 U.S. at 302, 93 S.Ct. at 1049, 35 L.Ed.2d at 312. The adversary process could not function effectively without adherence to such rules that govern the orderly presentation of facts and arguments to provide each party with a fair opportunity to assemble and submit evidence to contradict or explain the opponent’s case. Taylor v. Illinois, 484 U.S. 400, 410-11, 108 S.Ct. 646, 654, 98 L.Ed.2d 798, 811 (1988). The determination of whether to exclude a defense witness’s testimony for a violation of one of the rules of criminal procedure is committed to the trial court’s discretion. See State v. Harris, 132 Idaho 843, 846, 979 P.2d 1201, 1204 (1999). See also Siegel, 137 Idaho at 543, 50 P.3d at 1038; State v. Thomas, 133 Idaho 800, 802, 992 P.2d 795, 797 (Ct.App.1999).

Idaho law places an emphasis on the secrecy of grand jury proceedings. Idaho Code Section 19-1112 and I.C.R. 6.4 prohibit members of the grand jury from disclosing what occurred during the proceedings before it. Disclosure of matters occurring before the grand jury by any of the grand jurors is a misdemeanor offense. I.C. § 18-4403. Idaho Criminal Rule 6.3(b) directs the court clerk to seal the record of the grand jury proceedings upon completion, which record cannot be examined by any person or transcribed except upon order of the trial court. In the event a trial court grants a request to distribute a copy of the grand jury proceedings to a person authorized in Rule 6.3(c), the trial court may place conditions upon the use, dissemination, or publication of such copy.

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Cite This Page — Counsel Stack

Bluebook (online)
73 P.3d 112, 139 Idaho 99, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-dutt-idahoctapp-2003.