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