State v. Morgan

477 N.W.2d 527, 1991 Minn. App. LEXIS 1068, 1991 WL 238583
CourtCourt of Appeals of Minnesota
DecidedNovember 19, 1991
DocketC7-91-136
StatusPublished
Cited by4 cases

This text of 477 N.W.2d 527 (State v. Morgan) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Morgan, 477 N.W.2d 527, 1991 Minn. App. LEXIS 1068, 1991 WL 238583 (Mich. Ct. App. 1991).

Opinion

OPINION

FORSBERG, Judge.

Nathaniel Morgan appeals from judgment finding him guilty of criminal sexual conduct in the first degree stemming from an assault against a 21-year-old female victim, K.R. He appeals the district court’s denial of several evidentiary motions, including a motion to introduce evidence of victim’s blood alcohol content, evidence of victim’s psychiatric history and refusal to allow an adverse psychiatric examination. Appellant also claims the state’s final argument unfairly prejudiced the jury. Post-verdict motions were denied, and appellant was sentenced to a 103-month prison term. We affirm the trial court.

FACTS

After she had been drinking the evening of May 16, 1990, K.R. was dropped off at Pearson’s Bar in Minneapolis where she expected to meet a friend. The friend never arrived, and K.R. continued to drink until Pearson’s closed at approximately 1:00 a.m. on the morning of May 17.

Appellant Nathaniel Morgan and his friend John Arradondo spent the evening of May 16th at Norma Jean’s, a bar next door to Pearson’s. Both men were drinking and when Norma Jean’s closed, the men went outside the bar and loitered in the parking lot area where they met K.R. for the first time. K.R. agreed to accompany the men to Morgan’s apartment where more beer was available.

Appellant and Arradondo claimed K.R. requested to drive the car, which was owned by appellant’s girlfriend, and appellant agreed. They testified that while K.R. was driving she made sexual advances toward them. They insist K.R. fell on the stairs leading to appellant’s apartment. Once inside, appellant claims they split two beers, whereupon K.R. approached him and suggested they go in his bedroom to have sex. Arradondo testified he then wandered into the living room and fell asleep on the couch.

K.R. claims appellant drove while she sat in the front seat and Arradondo rode in the back. She claimed she knew she was intoxicated at this time, but was aware of her surroundings. She denied falling on the stairs and recalls being told appellant’s roommate was asleep in another room. She also recalled drinking another one-half to two cans of beer. She claims the three of them talked and listened to music while drinking in the kitchen. She then asked for and received directions to the bathroom.

K.R. claims when she left the bathroom, appellant grabbed her by both arms and forced her into the bedroom where he threw her to the bed and removed her pants and underwear so forcefully he tore the underwear. Throughout, K.R. claimed she protested and screamed for assistance. She testified that appellant continually *529 struck her in the face while ordering her to keep quiet. At some point, while appellant was forcibly engaging in intercourse with her, K.R. recalled another person opening the door and asking when it would be his turn and appellant told the other party to get out because he was not yet finished.

Appellant claims K.R. removed her own pants and willingly consented to sexual intercourse. However, he claims after the act was completed K.R. asked for money, which he refused. He claims at that point K.R. began screaming and acting irrationally. He testified K.R. slapped him and he retaliated by slapping her back.

A woman living in the apartment above appellant heard the cries and screams of K.R. over the loud music. She phoned the police, who arrived at the scene and pounded on the door. The police heard someone approach the door and then retreat. They procured a pass key to open the door and saw Arradondo slumped on the couch. They roused him, woke the roommate and knocked at the bedroom door. K.R. came running out clad only in a shirt. She screamed for the police to help her and that she had been raped by appellant. Appellant denied raping K.R.

Appellant was brought in for questioning and K.R. was taken to a hospital emergency room for a sexual assault physical examination. A vaginal swab showed the presence of semen which could not be ruled out as appellant’s. A test showed her blood alcohol level at this time was .15.

At his trial, appellant requested full access to K.R.’s medical records and an adverse psychiatric examination of K.R. Appellant also requested cross-examination of K.R. about her history of sexual abuse, mental illness, and chemical dependency. Also, appellant attempted to offer the testimony of an expert concerning the physiology and toxicology of alcohol abuse, including K.R.’s probable blood alcohol level at the time of the alleged offense. The trial court excluded all of the proffered evidence and denied the adverse examination.

The jury found appellant guilty and the court sentenced him to 103 months incarceration in a state prison. Appellant claims the trial court erred in refusing his eviden-tiary motions and claims prejudicial final argument by the prosecution.

ISSUES

1. Did the trial court err in refusing to grant appellant’s motions as to evidence and discovery?

2. Was the prosecution’s final argument reversible error, despite the fact it was not objected to at trial?

ANALYSIS

1. Appellant claims the court’s evi-dentiary rulings denied him a fair trial. A trial court’s ruling on an issue of evidence will not be reversed absent a clear abuse of discretion. State v. Gustafson, 379 N.W.2d 81, 84-85 (Minn.1985). To warrant reversal, any evidentiary errors by the trial court must have substantially influenced the jury to convict. State v. Darveaux, 318 N.W.2d 44, 48 (Minn.1982).

First, appellant claims error in the trial court’s refusal to grant discovery of K.R.’s medical records. The trial court conducted an in camera review of the records and determined they were unnecessary to appellant’s defense. This issue is controlled by State v. Paradee, 403 N.W.2d 640 (Minn.1987). The Paradee court reversed a decision of this court that determined “[o]nly the defense counsel can accurately determine which documents may be helpful in the defense of a given case.” State v. Paradee, 398 N.W.2d 647, 650 (Minn.App.1987). Rather, the court agreed with the reasoning of the United States Supreme Court in Pennsylvania v. Ritchie, 480 U.S. 39, 107 S.Ct. 989, 94 L.Ed.2d 40 (1987), that the proper procedure for determining the relevance and materiality of confidential documents is a trial court’s in camera examination of the records.

The in camera approach strikes a fairer balance between the interest of the privilege holder in having his confidences kept and the interest of the criminal defendant in obtaining all relevant evidence that might help in his defense. We be *530 lieve that trial courts, who by training and experience are qualified for the task of determining matters of relevancy, are capable of determining what if any of the information in the records might help in the defense.

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Related

State v. Pelawa
590 N.W.2d 142 (Court of Appeals of Minnesota, 1999)
People v. Stanaway
521 N.W.2d 557 (Michigan Supreme Court, 1994)
State v. Goldenstein
505 N.W.2d 332 (Court of Appeals of Minnesota, 1993)

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Bluebook (online)
477 N.W.2d 527, 1991 Minn. App. LEXIS 1068, 1991 WL 238583, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-morgan-minnctapp-1991.