State v. Miller

870 S.W.2d 242, 1994 Mo. App. LEXIS 224, 1994 WL 32770
CourtMissouri Court of Appeals
DecidedFebruary 8, 1994
DocketNo. 18804
StatusPublished
Cited by7 cases

This text of 870 S.W.2d 242 (State v. Miller) 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. Miller, 870 S.W.2d 242, 1994 Mo. App. LEXIS 224, 1994 WL 32770 (Mo. Ct. App. 1994).

Opinion

SHRUM, Judge.

Defendant Clayton Leon Miller was found guilty by a jury of the class C felony of sexual assault in the first degree, § 566.040, RSMo 1986, and sentenced to a terra of six years with the Missouri Department of Corrections. He appeals; we affirm.

Defendant does not challenge the sufficiency of the evidence, which may be stated briefly. JoAnn, the complaining witness, testified about her consensual sexual intercourse with Defendant on two occasions in 1992, once in October,, “a week or two before Halloween,” and once in early November, “about two or three days” after Halloween. It was uncontested at trial that JoAnn was 14 years of age and that she and the 22-year-old Defendant were not married when the instances of intercourse occurred. This evidence satisfies the elements of the offense.1

Defendant’s first point on appeal emanates from the state’s presentation at trial of evidence of JoAnn’s pregnancy. We summarize that evidence.

During the October encounter, Defendant wore a condom, which, Defendant told JoAnn, “broke.” JoAnn examined the prophylactic device and confirmed “it had a tore in it.” During the November union, Defendant did not wear a condom.

In October, JoAnn “started getting real sick,” a condition that included “vomiting and stuff.” She missed her November menstrual period which she should have experienced “at the end of the month.” Around Thanksgiving, JoAnn and Defendant told her mother she was pregnant. JoAnn’s mother testified the pair came to her and Defendant “asked me what I would do if JoAnn was pregnant.” He also asked her,.“Have you ever heard of the rubber breaking?”

JoAnn and Defendant’s relationship, which had included talk of marriage, soon ended. At the March 29, 1993, trial, JoAnn testified her baby was due July 2.

Prior to trial, Defendant filed his “Motion to Permit Introduction of Evidence under Section 491.015,”2 in which he stated:

Comes now defendant, and moves the Court to permit introduction of evidence relating to alternative sources of pregnancy of the complaining witness. In support of his motion defendant alleges:
1. Defendant is charged with sexual assault in the first degree.
2. In the State’s discovery answer, allegations exist that the complaining witness is pregnant, purportedly by the defendant.
[244]*2443. Evidence from the defense may indicate that another individual was having sexual intercourse with her at the same time.
4. This evidence is relevant according to Section 491.015.
Wherefore, defendant requests the Court to issue an order permitting the introduction of this evidence.

Immediately prior to the reception of evidence, out of the hearing and presence of the jury, the following transpired:

THE COURT: On the issue of pregnancy, the Court will allow your request to cross-examine the witness 3 on that issue of the pregnancy.
[DEFENSE COUNSEL]: Judge, would that also extend to the other two witnesses?4 Might I inquire of the other two witnesses if she dated anyone else during this period of time, which could raise the inference that somebody else is the father? ....
THE COURT: [Section 491.015] says evidence of specific instances of sexual activity.
[DEFENSE COUNSEL]: So you’re going to limit me to just naming names, then, is that right?
THE COURT: It says specific instances. So the mere fact that she went out on a date is not evidence. It has to be an evidence of specific incidence of sexual activity.
[DEFENSE COUNSEL]: So I can only ask people if she had sexual intercourse during that October and November of ’92?
THE COURT: Right, and that’s what you requested, during those two months, right?
[DEFENSE COUNSEL]: Right.
[PROSECUTOR]: Isn’t the time frame up through December?
[DEFENSE COUNSEL]: No. It’s October to November, is what you allege in your — I believe it’s like October 1 to November 30, or something.
THE COURT: December 14th. So you’ll be limited to that time frame.
[DEFENSE COUNSEL]: Okay.

At trial, JoAnn was cross-examined by defense counsel as follows:

Q. You indicated that you guys [JoAnn and Defendant] had made a commitment. You’d used the word that you wouldn’t cheat. Would you tell us what you mean by cheat?
A, Like go out with other guys, or other girls, and date around.
Q. Did you also mean by that that you wouldn’t have sexual intercourse with anybody else? Would that be your understanding of what that meant?
A. Yeah, but I wasn’t thinking of that at the time, because I wasn’t wanting no sexual relationship.
Q. Okay, now, during the months of October and November of 1992, did you ever have sex with William Way?
A. No.
Q. Okay, and during the months of October and November of 1992, did you ever have sex with Mike Adler?
A. No.
Q. You didn’t?
A. No.

In his first point on appeal, Defendant contends the trial court, by denying him “the right to cross-examine the state’s witnesses concerning [JoAnn’s] other dating relationships” violated his right to confront the witnesses against him “in that such questioning of the witnesses was necessary in order to rebut the prejudicial inference that [Defendant] w^ the source of [JoAnn’s] pregnancy.”

Although Defendant does not mention § 491.015 in Point I, his argument under this point is based on his allegation that the trial court misapplied the rape shield statute. He argues that evidence of JoAnn’s “dating relationships” with men other than Defendant [245]*245“could have raised doubt in the minds of the jurors that [Defendant] was the source of her pregnancy.” Thus, the argument goes, the evidence was admissible under § 491.015 and, therefore, the trial court erred in not permitting questions of JoAnn’s mother and classmate about those “dating relationships.”

Defendant’s argument has no merit. First, Section 491.015.1 declares inadmissible “evidence of specific instances of the complaining witness’ prior sexual conduct” unless those specific instances fit one of four enumerated categories. Defendant asserts category (2), “Evidence of specific instances of sexual activity showing alternative source or origin of semen, pregnancy or disease,” applies in this case. However, Defendant sought to introduce evidence of JoAnn’s “dating relationships.” For the relevant commonly understood meaning of the noun date, we turn to Webster’s Third New International Dictionary (1976), where we find at 576:

5a: an appointment or engagement usu. for a specified time ... esp:

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Cite This Page — Counsel Stack

Bluebook (online)
870 S.W.2d 242, 1994 Mo. App. LEXIS 224, 1994 WL 32770, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-miller-moctapp-1994.