State v. Dutton

896 S.W.2d 114, 1995 Tenn. LEXIS 96
CourtTennessee Supreme Court
DecidedMarch 13, 1995
StatusPublished
Cited by28 cases

This text of 896 S.W.2d 114 (State v. Dutton) is published on Counsel Stack Legal Research, covering Tennessee Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Dutton, 896 S.W.2d 114, 1995 Tenn. LEXIS 96 (Tenn. 1995).

Opinion

OPINION

ANDERSON, Chief Justice.

The primary issue presented in this appeal is whether the trial court’s error in admitting evidence of prior sex crimes, which were independent from the sex crime for which the defendant was indicted and charged, was harmless error in this case.

The State has conceded that both the trial court and Court of Criminal Appeals erred by admitting evidence of prior uncharged sex crimes, but argues that the error was harmless because of the limiting instructions given to the jury by the trial judge. We disagree and conclude the evidence admitted in error more probably than not affected the verdict and was, therefore, harmful. Accordingly, we reverse the judgment of the Court of Criminal Appeals and remand this ease for a new trial.

BACKGROUND

The defendant, Steven Dutton, was convicted of three counts of aggravated rape based upon charges that he had engaged in sexual acts with the 12-year-old victim in December 1991.

Before the trial began, the court held a hearing to determine the admissibility of testimonial evidence about prior uncharged sexual acts between the defendant and the victim. The trial court ruled that the State could present the contested evidence, finding that its probative value outweighed its prejudicial effect. As a result, at the trial, after the victim testified, Jeremy Cloar, the defendant’s lR-year-old cousin, testified that although he had not seen what happened on the date charged in the indictment, he had seen the defendant perform sexual acts on the victim before the relevant time period.

At trial, the victim testified that on the morning of December 14, 1991, he went over to the defendant’s trailer where the defendant lived with his grandmother. The victim said that the defendant called him into the grandmother’s bedroom and performed sexual acts upon him, and also forced the victim to perform a sexual act upon him. The [116]*116victim also testified that the defendant had performed sexual acts on him “maybe twenty” times, beginning when the victim was seven years old.

The defendant attempted to impeach the victim’s credibility by introducing testimony from the victim’s grandfather, pursuant to Tenn.R.Evid. 608, about the victim’s character for truthfulness. The trial court conducted a jury-out hearing to determine the admissibility of the testimony. At the hearing, the victim’s grandfather testified that he had been around the victim on weekends off and on for a number of years and that he was “sure [that the victim’s general reputation for telling the truth] was bad.” He further testified that his grandson did not tell the truth all the time. He stated that while he was “eligible to tell the truth,” he might not tell the truth if he needed to cover up something. The trial court ruled that there was no foundation established for the testimony and therefore excluded it.

Thereafter, the jury found the defendant guilty of three counts of aggravated rape, and the trial court sentenced the defendant to 20 years on each count, to be served concurrently.

On appeal, the Court of Criminal Appeals held that the admission of Jeremy Cloar’s testimony concerning prior uncharged sexual acts between the defendant and the victim was admissible to show the “state of intimacy between the defendant and the victim.” The Court of Criminal Appeals further held that the trial court properly refused to allow the victim’s grandfather to testify about the victim’s character for truthfulness. The Court of Criminal Appeals’ opinion was written pri- or to the announcement of our decision in State v. Rickman, 876 S.W.2d 824 (Tenn. 1994), in which we held that it is error to admit evidence of other sex crimes under Tenn.R.Evid. 404(b) unless the evidence is relevant to an issue other than the defendant’s propensity to commit a sex crime, or the evidence relates to other sex crimes that occurred within the time period covered by the charge of the indictment.

We granted the defendant’s appeal primarily to consider the question of whether the erroneous admission of other sex crimes evidence in this case was harmless, and secondarily to discuss the foundation requisite for the admissibility of opinion and reputation character evidence under Tenn.R.Evid. 608.

HARMLESS ERROR ANALYSIS

In this case, Jeremy Cloar’s testimony about prior sex crimes committed by the defendant against the victim was not admissible because the testimony was not limited to acts occurring during the time period covered by the indictment. It was offered at trial only to show the “state of intimacy” between the defendant and the victim. The State concedes that the admission of this evidence was error in light of State v. Rickman, 876 S.W.2d 824 (Tenn.1994). The State, however, contends that the error is harmless under Tenn.RApp.P. 36(b), because there is no showing that the inadmissible evidence more probably than not affected the judgment in this case. To buttress their argument, the State points out that the trial court instructed the jury to consider the evidence of prior uncharged sex crimes involving the defendant and the victim only on the limited issues for which it was being admitted, namely, to establish the degree of intimacy between the defendant and the victim, or the relationship that existed between the victim and the defendant. The trial court further instructed that the evidence could not be considered as proof of the defendant’s guilt of the crimes for which he was on trial.

The State argues that this Court must presume that the jury followed these instructions and asserts that the admission of other sex crimes evidence did not affect the judgment because the limiting instructions were given. We disagree.

We recognize that a prompt instruction to a jury which directs them not to consider improper evidence generally cures any error, unless the evidence is so prejudicial that it more probably than not affected the judgment. Moreover, we recognize that it is the duty of trial courts to give limiting jury instructions when evidence is being admitted for only a limited purpose.

[117]*117When a trial judge gives limiting instructions, however, the court must instruct the jury as to the correct state of the law. In this case, the instructions given to the jury were only partially correct. The trial court correctly instructed the jury that the evidence of prior uncharged sex crimes with the victim was not evidence of the defendant’s guilt of the crime for which he was on trial. The trial court, however, went on to instruct the jury that the testimony was admissible for the purpose of establishing “the degree of intimacy between the defendant and the victim or the relationship that existed between the victim and the defendant on this particular occasion.” In State v. Rickman, supra, we held that there is no sex crimes exception to the general rule that evidence of other crimes is admissible only if it is relevant to an issue other than the defendant’s propensity to commit a crime. As a result, that part of the trial court’s instruction was incorrect since the only relevant issue was the guilt of the defendant of the crimes charged. The state of intimacy between the defendant and the victim was not at issue.

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Cite This Page — Counsel Stack

Bluebook (online)
896 S.W.2d 114, 1995 Tenn. LEXIS 96, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-dutton-tenn-1995.