State v. Land

851 P.2d 678, 121 Wash. 2d 494, 1993 Wash. LEXIS 115
CourtWashington Supreme Court
DecidedMay 20, 1993
Docket59259-4
StatusPublished
Cited by46 cases

This text of 851 P.2d 678 (State v. Land) is published on Counsel Stack Legal Research, covering Washington 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. Land, 851 P.2d 678, 121 Wash. 2d 494, 1993 Wash. LEXIS 115 (Wash. 1993).

Opinions

Durham, J.

Appellant Larry A. Land appeals his conviction of one count of second degree rape of a child and one count of second degree child molestation. Land claims that the trial court erred in permitting rebuttal testimony by state witnesses concerning his poor reputation for veracity in the business community, and in refusing to allow the jury to view the scene of the crime. We affirm the conviction.

Larry Land was charged by information with one count of second degree rape of a child in violation of RCW 9A.44.076 and one count of second degree child molestation in violation of RCW 9A.44.086. The counts were based on his contact with T.T., a 13-year-old boy, on April 26 and 27, 1990. These contacts occurred on Land's sailboat which Land used as a residence. Land admitted that the boy visited him on several occasions, but denied any sexual contact.

The case turned largely on the relative credibility óf T.T. and Land. Both sides called witnesses in an effort to impeach the reputation for veracity of the other side's witness. One of T.T.'s former schoolteachers, Peter Rasmussen, was called by the defense to question T.T.'s reputation for truthfulness within the school community. Jim Minshull and Gene Anderson, two former business acquaintances of Land, were called by the State on rebuttal to testify with respect to Land's bad reputation for truthfulness within the wooden box ("wood shook") manufacturing community. The defense objected to the evidence from Land's business acquaintances, claiming that under ER 608, evidence of one's reputation for truthfulness must be based on the community where a person lives, not where that person works. The trial [497]*497court overruled the defense objection and permitted the testimony.

The trial court also denied a defense motion to permit the jury to visit the boat where the events took place. The court ruled that the pictures, diagrams and testimony illustrating the layout of the boat were sufficient. The jury found Land guilty on both counts. We accepted certification from the Court of Appeals.

Reputation Evidence

Land contends that the trial court erred in permitting the State to present rebuttal testimony by two of Land's former business colleagues with respect to Land's reputation for veracity under ER 608. This rule of evidence provides that:

The credibility of a witness may be attacked or supported by evidence in the form of reputation, but subject to the limitations: (1) the evidence may refer only to character for truthfulness or untruthfulness, and (2) evidence of truthful character is admissible only after the character of the witness for truthfulness has been attacked by reputation evidence or otherwise.

ER 608(a). Land relies primarily on State v. Swenson, 62 Wn.2d 259, 382 P.2d 614 (1963) for the proposition that testimony concerning a witness' reputation for veracity must be based on the witness' reputation in the community in which he or she resides, not where the witness works.

In Swenson, this court concluded that testimony regarding the defendant's reputation for veracity within the church was improper. Swenson, 62 Wn.2d at 282. Instead, evidence concerning the defendant's reputation should have been limited to that in the community where she resided. Swenson, at 282-83. The Swenson court did not explain the reasoning behind this conclusion, stating only that it was required by "the rather strict rules governing character evidence in this jurisdiction." Swenson, at 282.

The State argues that we should reject this language from Swenson and adopt a more functional definition of "community" parallel to that adopted by the federal courts in inter[498]*498preting Fed. R. Evid. 608.1 For example, in one federal case, the court held that the realities of our modem world necessitate a functional approach to reputation evidence:

We also think there should be no restriction necessarily limited to the community in which the witness sought to be impeached lives, and that the realities of our modem, mobile, impersonal society should also recognize that a witness may have a reputation for truth and veracity in the community in which he works and may have impressed on others in that community his character for tmthfulness or untruthfulness.

United States v. Mandel, 591 F.2d 1347, 1370, overruled in part on other grounds on rehearing, 602 F.2d 653 (4th Cir. 1979), cert. denied, 445 U.S. 961 (1980). A number of state and federal courts have adopted this functional understanding of "community" for purposes of rule 608. See, e.g., Cooper v. Asplundh Tree Expert Co., 836 F.2d 1544, 1552 (10th Cir. 1988) (relevant community may include business community); United States v. Oliver, 492 F.2d 943, 946 (8th Cir. 1974) (rule "must be applied in a realistic and practical manner"); State v. McEachern, 283 N.C. 57, 67, 194 S.E.2d 787 (1973) (reputation may be derived from any community or society in which the person has a well-known or established reputation).

We find the State's argument persuasive. The rule adhered to in Swenson was developed at a time prior to the industrial revolution when most people lived and worked in small towns or rural villages. This rule was based on the rationale that it was best to restrict evidence concerning a person's reputation to that group of people who knew the witness best. See generally 1 Charles T. McCormick, Evidence § 43 (John W. Strong ed., 4th ed. 1992); 5 John H. Wigmore, Evidence § 1616 (1974). Given the tremendous changes in demographic patterns since the industrial revolution, however, it is doubtful that limiting reputation evidence to the community where one lives still serves the [499]*499purposes behind the rule. People often live and work in separate communities. Mobility between communities has also increased, limiting the depth and duration of one's contacts to a residential community.

In fact, a rule that limits reputation evidence to the community where one lives may undermine the very purposes behind ER 608. This rule of evidence is designed to facilitate testimony from those who know a witness' reputation for truthfulness so that the trier of fact can properly evaluate witness credibility. See 5A Karl B. Tegland, Wash. Prac., Evidence § 230(1), at 197 (3d ed. 1989). Such a purpose would be thwarted by limiting the prospective pool of character evidence to a neighbor who has only a passing acquaintance with the witness, while excluding testimony from the workplace associates who may know the witness well.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State of Washington v. Douglas Glenn Campbell
Court of Appeals of Washington, 2026
State Of Washington, V. Jermaine Rodregus Freeman
Court of Appeals of Washington, 2025
State of Washington v. Christian J.N. Robinson
Court of Appeals of Washington, 2024
City Of Burien, V. Carol Allread
Court of Appeals of Washington, 2024
State Of Washington, V. Bradley Shaw
Court of Appeals of Washington, 2023
State of Washington v. Robert Charles Potts
Court of Appeals of Washington, 2023
State Of Washington, V. Alex Miyares
Court of Appeals of Washington, 2022
State Of Washington, V. Simeon Thomas Berkley
Court of Appeals of Washington, 2022
State Of Washington, V. Michael Holliday
Court of Appeals of Washington, 2022
Aaron K. Williams v. State of Alaska
486 P.3d 1134 (Court of Appeals of Alaska, 2021)
State of Washington v. Douglas Virgil Arbogast
478 P.3d 115 (Court of Appeals of Washington, 2020)
State of Washington v. Juan Jose Luna Huezo
Court of Appeals of Washington, 2020
State of Washington v. T.P.
Court of Appeals of Washington, 2020
State Of Washington v. Jeromy Keith Ladwig
Court of Appeals of Washington, 2020
State Of Washington v. Tanar Mckenzie
Court of Appeals of Washington, 2020
State of Washington v. Deacon James Wallette
Court of Appeals of Washington, 2019
State Of Washington v. Richard G. Neighbarger
Court of Appeals of Washington, 2018
State of Washington v. Eduardo Chavez
Court of Appeals of Washington, 2017

Cite This Page — Counsel Stack

Bluebook (online)
851 P.2d 678, 121 Wash. 2d 494, 1993 Wash. LEXIS 115, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-land-wash-1993.