State v. Rammel

721 P.2d 498, 36 Utah Adv. Rep. 40, 1986 Utah LEXIS 823
CourtUtah Supreme Court
DecidedJune 27, 1986
Docket19439
StatusPublished
Cited by78 cases

This text of 721 P.2d 498 (State v. Rammel) is published on Counsel Stack Legal Research, covering Utah 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. Rammel, 721 P.2d 498, 36 Utah Adv. Rep. 40, 1986 Utah LEXIS 823 (Utah 1986).

Opinion

HALL, Chief Justice:

Defendant appeals from his conviction on a charge of aggravated robbery, a first degree felony under U.C.A., § 76-6-302 (RepLYol. 8B, 1978 ed.).

On October 8, 1982, at approximately 9:00 a.m., Aldon Herman, General Manager of Amelia’s Restaurant, was severely clubbed by an assailant as he descended the back stairs of an airport terminal building with the previous day’s receipts in a bank bag. Herman fought the assailant off and yelled for help. George Magers, an electronic technician working nearby, observed a young man carrying a club break through some glass doors, jump off a loading dock, and flee from the area. He found Herman but pursued the assailant when other people came to Herman’s aid. Magers memorized the license number of a car speeding from the scene carrying the assailant. The police located David Dyson, owner of the vehicle, who initially denied any involvement in the aggravated robbery. He later admitted that he had been the driver of the getaway car and identified defendant as Herman’s assailant.

At trial, Dyson, under a grant of immunity from prosecution, testified for the State that he, defendant, and another man had planned the robbery for more than a week. Dyson testified that he had taught defendant how to knock out a person with a club, had driven defendant to the scene of the robbery, had waited in the car while defendant executed the assault, and had driven defendant away from the scene after defendant ran out of the building. Herman testified that defendant’s physical charac-teristies resembled those of the assailant and that Dyson did not appear to be the man who assaulted him. Magers corroborated these statements. Defendant took the stand and testified that he had been at Denny’s Restaurant on the morning of the robbery, that Dyson had dropped him off there, that he had met his ex-girlfriend,' and that Dyson had continued on to Amelia’s Restaurant to commit the robbery.

I

Defendant challenges the trial court’s refusal to allow full cross-examination on Herman’s pending civil suit against defendant. As a result, he claims to have been deprived of his sixth amendment rights to confront his accuser and explore the witness/victim’s bias. Defendant contends that pursuit of such questioning would have undermined Herman’s credibility with the jury and disclosed a possible motive to testify untruthfully. Defendant advances Smith v. Illinois, 390 U.S. 129, 88 S.Ct. 748, 19 L.Ed.2d 956 (1968) (protection of witness from retaliation does not outweigh defendant’s right to cross-examination), in support of his argument. We agree that the trial court erred, but conclude that the error was harmless.

Under Rule 20 of the Utah Rules of Evidence, which was in effect at the time of defendant’s trial, extrinsic evidence relevant upon issues of credibility is admissible. 1 Although the trial court has discretion in limiting cross-examination, this Court has been careful to allow wide latitude for examination in the areas of bias and motive. State v. Maestas, 564 P.2d 1386, 1388 (Utah 1977). However, we will not set aside a verdict because of the erroneous exclusion of evidence unless a proffer of evidence appears of record, and we

*500 believe that the excluded evidence would probably have had a substantial influence in bringing about a different verdict. Utah R.Evid. 5 (superseded Sept. 1, 1983). 2 Where it is unlikely that the excluded testimony prejudiced the defendant’s rights in a substantial manner, the error is harmless and the case is not subject to reversal. See State v. Salmon, 612 P.2d 366, 370 (Utah 1980). “Courts have found no prejudice where information that may be brought out by further questioning was already before the jury either from the testimony of others or by implication from the witness’ own testimony.” Maestas, 564 P.2d at 1389 (footnote omitted). See also, State v. Hutchison, 655 P.2d 635, 636-37 (Utah 1982) (finding harmless error under Rule 30 of the Utah Rules of Criminal Procedure where information was before the jury without improperly excluded report); State v. Burris, 131 Ariz. 563, 566-67, 643 P.2d 8, 11-12 (Ariz.Ct.App.1982) (finding harmless error in limiting cross-examination concerning witness’s preparation of a civil suit against defendant where bias and prejudice of the witness were evident to the jury from other facts before it). But see State v. Hubbard, 297 Or. 789, 802, 688 P.2d 1311, 1320-21 (1984) (affirming finding of prejudical error from exclusion of cross-examination where police officer’s critical testimony was directly in conflict with defendant's testimony, and cross-examination could have established police officer’s bias or interest and affected the outcome of the trial).

Here the jury was well aware of Herman’s possible motivation for testifying as he did. On direct examination Herman was questioned about the extent of the injuries he received from the clubbing, including nerve damage, ear blockage, speech impairment, vertigo, and resulting nausea. At the time of trial, he was still under the care of an eye, nose, and ear specialist, a neurosurgeon, and a psychiatrist. On cross-examination, Herman admitted that he had been through a lot of pain and suffering and that he had some very angry feelings about what had happened. The jury also heard, and was not told to ignore, the question posed as to whether Herman had instituted civil proceedings against defendant. We therefore conclude that although it was error to limit the cross-examination as to Herman’s bias and motive, the error was not prejudicial because additional cross-examination would not have had a substantial influence in bringing about a different verdict.

II.

Defendant next claims that the trial court erred in permitting Detective Welti to testify that he did not consider it unusual for Dyson to lie to him when Dyson was first interrogated. Based on his experience interviewing several hundred criminal suspects, Detective Welti testified at trial that no criminal suspect ever admitted “right off the bat” to committing a crime. He then proceeded to give the opinion that because most suspects lie when initially questioned by police, it would not have been “unusual” for Dyson to lie during the first police interrogation. The trial court held that Detective Welti was an expert apparently qualified to testify on Dyson’s capacity for telling the truth and admitted the evidence. That ruling was erroneous for several reasons.

First, the testimony was not admissible under the applicable evidentiary rules and statute. Although a witness’s credibility may always be impeached, 3 the impeaching evidence must go to that individual’s character for veracity. See Utah R.Evid. 20 (U.C.A., Repl.Vol. 9B, 1977 ed.) (superseded Sept.

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

Related

State v. Ngoy
2025 UT App 106 (Court of Appeals of Utah, 2025)
State v. Francis
2025 UT App 104 (Court of Appeals of Utah, 2025)
State v. Haynes
2025 UT App 75 (Court of Appeals of Utah, 2025)
State v. Garcia-Cardiel
2024 UT App 174 (Court of Appeals of Utah, 2024)
State v. Whitchurch
2024 UT App 108 (Court of Appeals of Utah, 2024)
State v. Prettyman
2024 UT App 20 (Court of Appeals of Utah, 2024)
State v. Garcia
2022 UT App 77 (Court of Appeals of Utah, 2022)
Provo City v. Bishop-Garcia
2022 UT App 16 (Court of Appeals of Utah, 2022)
State v. Lewis
2020 UT App 132 (Court of Appeals of Utah, 2020)
State v. Nunez-Vazquez
2020 UT App 98 (Court of Appeals of Utah, 2020)
State v. Murphy
2019 UT App 64 (Court of Appeals of Utah, 2019)
State v. Klenz
2018 UT App 201 (Court of Appeals of Utah, 2018)
State v. Burnett
2018 UT App 80 (Court of Appeals of Utah, 2018)
State v. Peraza
2018 UT App 68 (Court of Appeals of Utah, 2018)
State v. Jones
2015 UT 19 (Utah Supreme Court, 2015)
State v. McCullar
2014 UT App 215 (Court of Appeals of Utah, 2014)
State v. Wright
2013 UT App 142 (Court of Appeals of Utah, 2013)
State v. Gallup
2011 UT App 422 (Court of Appeals of Utah, 2011)
State v. King
2010 UT App 396 (Court of Appeals of Utah, 2010)
State v. Irvin
2007 UT App 319 (Court of Appeals of Utah, 2007)

Cite This Page — Counsel Stack

Bluebook (online)
721 P.2d 498, 36 Utah Adv. Rep. 40, 1986 Utah LEXIS 823, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-rammel-utah-1986.