Woodall v. State

2011 Ark. 22, 376 S.W.3d 408, 2011 Ark. LEXIS 25
CourtSupreme Court of Arkansas
DecidedJanuary 27, 2011
DocketNo. CR 10-796
StatusPublished
Cited by13 cases

This text of 2011 Ark. 22 (Woodall v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Woodall v. State, 2011 Ark. 22, 376 S.W.3d 408, 2011 Ark. LEXIS 25 (Ark. 2011).

Opinion

KAREN R. BAKER, Justice.

| Appellant Brian Joseph Woodall appeals his conviction by a Lonoke County Circuit Court jury of one count of rape for which he was sentenced to twenty-five years in the Arkansas Department of Correction. On appeal, he raises two arguments for reversal: the trial court erred in (1) ruling inadmissible statements made by the victim regarding her sexual history; and (2) not granting a mistrial because of statements made by a venire member during voir dire. Our jurisdiction is pursuant to Arkansas Supreme Court Rule 1-2(a)(8). We find no error and affirm.

On April 8, 2009, an information was filed charging appellant with one count of rape, a Class Y Felony, in violation of Ark.Code Ann. § 5-14-103. The information alleged that on or about January 1, 2001, through February 22, 2009, in Lo-noke County, Arkansas, appellant engaged in sexual intercourse or deviate sexual activity with E.B., who was less than | ¿fourteen years of age.

Prior to trial, appellant filed a “Motion to Admit Evidence of Prior Sexual Conduct” arguing that such evidence was relevant because (1) the victim, E.B., had been disciplined by her mother for such sexual activity; (2) appellant supported the discipline; and (3) such support was the reason E.B. made the allegation of rape. The motion also stated that his right to present a defense under the state and federal constitutions would be violated if he was not allowed to present such evidence.

On October 19, 2009, the Lonoke County Circuit Court held an in camera hearing on the motion. Appellant introduced a written statement from the Cabot Police Department dated February 22, 2009, concerning a complaint lodged by E.B.’s mother that a forty-three- or forty-four-year-old man told E.B. by text message that if she wanted minutes for her cell phone, she would have to perform sexual favors for him. Appellant asserted that he should be allowed to question E.B.’s mother regarding the sexual conduct of the victim and that if he chose to testify, he should be allowed to testify concerning E.B.’s sexual conduct because such testimony would rebut physical findings that E.B. had suffered a vaginal injury. The circuit court ruled, “[A]t this in camera hearing the court denies the defense motion to admit evidence of prior sexual conduct.”

At trial, appellant proffered the testimony of several witnesses. Amanda Presley,1 ^appellant’s cousin, testified that during an overnight stay in Presley’s home E.B. told her that she had sex the previous night and that it was the first time she had sex with anyone. Presley was unable to state when this event occurred. Charles Fisher testified that he had worked with appellant for a couple of years, knew E.B., and E.B. admitted to him that she had previously had sex. Following these proffers, appellant renewed his motion to present evidence of prior sexual history.

[A]t this time I would renew my motion to admit prior sexual activity by the victim based on the testimony the court has heard that has been proffered. I believe it is appropriate for this testimony to come in. It is essential to our defense considering the fact that there is a physical finding and this does not give us a reason for that physical finding other than my client. I think it’s necessary and appropriate.

Whereupon, the trial court stated that “the renewed motion to allow alleged prior sexual or other sexual activity of the victim is denied.” Appellant now appeals.

I. Rape-Shield Statute

For his first point on appeal, appellant argues that “the trial court erred in applying Ark.Code Ann. § 16 — 42-101 ... and abused its discretion in prohibiting appellant from presenting relevant evidence that was more probative than prejudicial.” Specifically, appellant asserts that the evidence was not offered to show that the victim had engaged in prior sexual activity, but rather to show that the physical findings could have been caused by someone other than appellant.

The State initially asserts that the proffered testimony was not presented during the in camera hearing as required by Ark. Code Ann. § 16 — 42—101(c)(2)(A), and thus, appellant Rfailed to give the trial court a reasonable opportunity to make a determination of its relevancy. Arkansas Code Annotated section 16 — 42—101(c) (2) (A) states that a hearing on a motion to present evidence of a victim’s prior sexual conduct shall be held in camera no later than three days before the trial is scheduled to begin, or at such later time as the court may permit. Although the testimony was proffered during the trial when appellant renewed his motion, it was within the judge’s discretion to permit the testimony. Drymon v. State, 316 Ark. 799, 875 S.W.2d 73 (1994).

The rape-shield statute, codified at Ark.Code Ann. § 16-42-101 (Repl.1999), provides that evidence of a victim’s prior sexual conduct is not admissible by the defendant to attack the credibility of the victim, to prove consent or any other defense, or for any other purpose. Ark.Code Ann. § 16^2-101(b); Bond v. State, 374 Ark. 332, 288 S.W.3d 206 (2008). However, where the circuit court, at an in camera hearing, makes a written determination that such evidence is relevant to a fact in issue and that its probative value outweighs its inflammatory or prejudicial nature, an exception is granted. Id. The statute’s purpose is to shield victims of sexual abuse or rape from the humiliation of having their personal conduct, unrelated to the charges pending, paraded before the jury and the public when such conduct is not relevant to the defendant’s guilt. Id. Therefore, the circuit court is vested with a great deal of discretion in determining whether the evidence is relevant, and we will not overturn the circuit court’s decision unless it constituted clear error or a manifest abuse of discretion. Id.

| ¡Appellant relies on State v. Townsend, 366 Ark. 152, 233 S.W.3d 680 (2006), for his assertion that the State’s introduction of medical evidence involving E.B.’s vaginal injury makes evidence concerning an alternative source for the injury relevant. In Townsend, we concluded that evidence of prior sexual assault of the victim was not relevant to the allegations against the accused “unless the State introduces medical evidence consistent with those allegations.” Id. at 161, 233 S.W.3d at 687. Here, the State introduced the testimony of Dr. Jerry Jones at trial. Jones practices in sexual-assault pediatrics at Arkansas Children’s Hospital. Jones testified that he examined E.B., who was thirteen at the time, on March 2, 2009. He stated that there was a tear through the hymen into the vaginal wall that was consistent with being penetrated by an adult male penis and that it would have been very painful. He also stated that this was not a fresh injury but that the injury was bad enough that the findings were apparent and further healing was unlikely.

In Townsend, we recognized that evidence of a child victim’s prior sexual conduct could be relevant to rebut the weighty inference that the victim must have received his or her knowledge of sexual matters from the alleged encounters with the defendant. We adopted a five-factor test from State v.

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Bluebook (online)
2011 Ark. 22, 376 S.W.3d 408, 2011 Ark. LEXIS 25, Counsel Stack Legal Research, https://law.counselstack.com/opinion/woodall-v-state-ark-2011.