State v. Hadley

357 S.W.3d 267, 2012 WL 195038, 2012 Mo. App. LEXIS 74
CourtMissouri Court of Appeals
DecidedJanuary 24, 2012
DocketNo. ED 96204
StatusPublished
Cited by7 cases

This text of 357 S.W.3d 267 (State v. Hadley) is published on Counsel Stack Legal Research, covering Missouri 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. Hadley, 357 S.W.3d 267, 2012 WL 195038, 2012 Mo. App. LEXIS 74 (Mo. Ct. App. 2012).

Opinion

KENNETH M. ROMINES, J.

Facts and Procedural History

Appellant Orlando Hadley appeals his conviction by a jury for four counts of recklessly exposing another person, M.G., to HIV in violation of Section 191.677.1 [269]*269The jury also recommended that Hadley be sentenced to fifteen years on each of the counts. The trial court sentenced Hadley to consecutive terms of fifteen years imprisonment for Counts 1 and 2. The trial court also sentenced Hadley to fifteen years imprisonment on Counts 3 and 4, to be served concurrently with Counts 1 and Two. Hadley received a total of thirty years imprisonment. The trial court entered its final judgment on 13 January 2011. Aggrieved, Hadley now appeals. Facts, as needed, will be provided in the discussion section.

Discussion

Points I & II.

Hadley’s raises three arguments in his first two points on appeal. He argues that the trial court improperly allowed the State to introduce Exhibit 3, and others to testify as to its contents, because it (1) contained improper hearsay, (2) violated his right to confrontation, and (3) contained privileged, confidential communications which occurred during the course of his HIV testing and treatment. For the following reasons, these arguments do not provide grounds for relief.

The trial court has broad discretion to determine the admissibility of evidence, and we will not reverse the court’s ruling absent an abuse of discretion. State v. Mozee, 112 S.W.3d 102, 105 (Mo.App. W.D.2003). The trial court abuses its discretion “when its ruling is clearly against the logic of the circumstances before it and when the ruling is so arbitrary and unreasonable as to shock our sense of justice and indicate a lack of careful consideration.” State v. McGowan, 184 S.W.3d 607, 610 (Mo.App. E.D.2006). We review the trial [270]*270court’s admission or exclusion of evidence for prejudice and not mere error, and will affirm the court’s ruling unless it was so prejudicial that it deprived the defendant of a fair trial. Mozee, 112 S.W.3d at 105.

i. Hearsay

Exhibit 3 is twenty-two pages of Hadley’s medical records from the Missouri Department of Health and Senior Services, Bureau of HIV, STD and Hepatitis. During the guilt phase of the trial, the trial court admitted Exhibit 3 into evidence. The jury never examined it, but Dr. Sokol-Anderson2 and Detective Wilson 3 testified as to the contents of certain portions of Exhibit 3.

First, Hadley argues that Exhibit 3 contain assertions, repeated in Detective Wilson’s and Dr. Sokol-Anderson’s testimony, that (1) Mr. Hadley was tested for HIV in February 2009, (2) that a ‘positive’ result was communicated to him, and (3) that he was ‘Post-test counseled.’ We need not address whether Exhibit 3 and the related testimony constitute improperly admitted hearsay. After reviewing the record, Hadley’s claims fail because he specifically admits each of the facts which he alleges came into evidence through improper hearsay. “If evidence is improperly admitted, but other evidence establishes essentially the same facts, there is no prejudice to the accused and no reversible error.” State v. Yonts, 84 S.W.3d 516, 519 (Mo.App. S.D.2002).

During Hadley’s testimony at trial, the following exchange occurred:

DEFENSE COUNSEL: When did you find out you were HIV positive? HADLEY: End of February?
Q: Very end of February?
A: Yes.
Q: Now you got tested at the beginning, but you didn’t get the results until the end, correct?
A: That’s correct.
[[Image here]]
Q: So you went and got tested and found you were positive around the end of February. Where did you go get that test?
A: The Pine Lawn Clinic.
Q: Did you meet with somebody after you went to the clinic and—after they called you and told you you were positive?
A: That’s correct. I did.
[[Image here]]
Q. What happened during that counseling session?
A. We went over disclosure law and safer sex practices.

Hadley then stated that he remembered signing the papers. He also testified that he went back for a second, longer counseling session. He testified that they again went over the requirements of the law in more detail.

This testimony shows that Hadley specifically admitted that he was tested at the end of February 2009, that the result was communicated to him, and that he was post-test counseled. Therefore, he is unable to demonstrate prejudice regardless of whether the statements actually constitute hearsay. Yonts, 84 S.W.3d at 519. Thus, we find no error.

Hadley also argues that Exhibit 3 contained improper hearsay statements from J.B., a fifteen year old girl who allegedly had a sexual relationship with Hadley [271]*271before he learned that he was HIV positive. J.B. tested positive for HIV in January 2009. Exhibit 3 contains statements from J.B. that she did not want to give Hadley’s information to officials because she loved him and did not want him to go to jail for statutory rape.

At trial, portions of Exhibit 3 were read into evidence by Dr. Sokol-Anderson and Detective Wilson. These portions did not address J.B.’s statements, and a review of the record shows that the jury did not have actual medical records with them during deliberations. As such, the jury could not have been prejudiced by any of J.B.’s statements in the Exhibit, and we find no error.

ii. Confrontation

Hadley argues that the admission of alleged hearsay statements in his medical records violated his right Sixth Amendment right to confront witnesses against him. Hadley raises this issue for the first time on appeal, thus, we review if at all for plain error. Under plain error, Hadley bears the burden of showing that there is an error which is “evident, obvious, and clear” and that such error resulted in a “manifest injustice or miscarriage or justice.” State v. Roper, 136 S.W.3d 891, 900 (Mo.App. W.D.2004).

Hadley basically reframes each of the alleged hearsay errors discussed above as a violation of his Sixth Amendment right to confront witnesses. U.S. Const, amend. VI. We do not address the confrontation issue because, again, Hadley specifically admitted each of the facts allegedly covered by the witnesses’ statements, and J.B.’s statements were never considered by the jury during the guilt phase. Therefore, no prejudice exists and the argument is without merit.

iii Privileged, Confidential Communications

Hadley argues the trial court erred in admitting during the guilt phase of the trial, all parts of Exhibit 3 except for the positive result of the test and the testimony with regard to that result.

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Cite This Page — Counsel Stack

Bluebook (online)
357 S.W.3d 267, 2012 WL 195038, 2012 Mo. App. LEXIS 74, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-hadley-moctapp-2012.