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Asim Shakur Rahim v. State
06-14-00147-CR
Tex. App.—Waco
Jan 27, 2015
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Background

  • Rahim was convicted of a Class A misdemeanor Assault after a store disturbance in Paris, Texas.
  • Evidence included Rahim’s admission of punching Solomon and the ensuing struggle; self-defense was argued.
  • The State was allowed to cross-examine Rahim about prior acts of assault, then the court instructed the jury on using extraneous acts to show character.
  • The jury instruction stated extraneous acts could show motive, opportunity, intent, plan, knowledge, or peaceful character, which mischaracterizes admissible uses.
  • Two core issues: whether the trial court erred by permitting extraneous acts to prove Rahim’s character and whether the costs of court could be imposed with no certified bill of costs.
  • The appellate court ultimately held the jury instruction error constituted egregious harm and reversed/remanded; the costs issue was also unresolved due to lack of a certified bill of costs.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Use of prior bad acts to prove character Rahim State Erroneous instruction; egregious harm; reversed
Costs of court with no certified bill Rahim State Insufficient record; cannot impose costs

Key Cases Cited

  • Matthews v. State, 979 S.W.2d 720 (Tex. Crim. App. – Eastland 1998) (admissibility limits for extraneous acts; motive/intent limitations on character evidence)
  • Warner v. State, 245 S.W.3d 458 (Tex. Crim. App. 2008) (harm standard for jury-charge error; egregious harm framework)
  • Montgomery v. State, 810 S.W.2d 372 (Tex. Crim. App. 1991) (general harm analysis in jury-charge errors)
  • Brown v. State, 477 S.W.2d 617 (Tex. Crim. App. 1972) (evidence of extraneous acts not admissible to prove character)
  • De La Paz v. State, 279 S.W.3d 336 (Tex. Crim. App. 2009) (Rule 404/405 limitations on character evidence; purpose of extraneous acts)
  • Wilson v. State, 71 S.W.3d 346 (Tex. Crim. App. 2002) (impeachment of a witness through specific acts; limits on character evidence)
Read the full case

Case Details

Case Name: Asim Shakur Rahim v. State
Court Name: Texas Court of Appeals, Waco
Date Published: Jan 27, 2015
Docket Number: 06-14-00147-CR
Court Abbreviation: Tex. App.—Waco