Hudson v. State
2011 Ala. Crim. App. LEXIS 63
Ala. Crim. App.2011Background
- Hudson was convicted of two counts of attempted murder (Ala. Code 13A-4-2) and one count of discharging a firearm into an occupied vehicle (Ala. Code 13A-11-61), with concurrent life sentences for the attempted murders and 20 years for the discharge; fines of $50 each to the Alabama Crime Victims Compensation Fund.
- Two trials/incidents underlie the charges: January 17, 2009 shooting into Miles's vehicle and June 28, 2009 shooting at Miles at a neighborhood gathering.
- The State introduced three collateral acts involving Miles and Miles’s brother Tavaries Bates (Feb. 2008; Nov. 2008; Jan. 27, 2009) under Rule 404(b) to show identity and intent.
- Pretrial Rule 404(b) notice was given; two hearings outside the jury addressed admissibility, and the court ultimately admitted all three collateral acts for limited purposes.
- The trial court instructed that collateral-act testimony could be admitted for identity and intent, subject to cautionary instructions; the jury later heard testimony about Bates’s shooting as part of the collateral evidence.
- Hudson appeals arguing Rule 404(b) collateral acts were improperly admitted and that limiting instructions were too broad and unclear about purposes; the appellate court affirmed the convictions and rejected both challenges.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Rule 404(b) collateral acts were admissible to prove identity and intent | Hudson asserts inadmissible character evidence; argues lack of proper similarity and improper purpose | State contends collateral acts show identity and intent, with sufficient similarity and probative value | Admissible for identity and intent with proper balancing |
| Whether the trial court's limiting instructions on Rule 404(b) were preserved and correct | Hudson preserved error by objections at trial | Hudson failed to object; thus not preserved for review | Issue precluded due to lack of preservation |
Key Cases Cited
- Nicks v. State, 521 So.2d 1018 (Ala.Crim.App.1987) (recognizes Rule 404(b) exceptions and balancing)
- Presley v. State, 770 So.2d 104 (Ala.Crim.App.1999) (prior acts admissible to prove intent in limited contexts)
- Irvin v. State, 940 So.2d 331 (Ala.Crim.App.2005) (identity exception requires similar, signature-like prior and charged offenses)
- Ex parte Jackson, 33 So.3d 1279 (Ala.) (discusses balancing and limiting instructions in Rule 404(b) context)
- Hinkle v. State, 67 So.3d 161 (Ala.Crim.App.2010) (reverses admission of collateral evidence to prove intent when charged offense already implies intent)
- Averette v. State, 469 So.2d 1371 (Ala.Crim.App.1985) (balancing test for admissibility of collateral acts)
- Ex parte Loggins, 771 So.2d 1093 (Ala.2000) (trail court deference on evidentiary rulings; abuse of discretion standard)
- United States v. Turquitt, 557 F.2d 464 (5th Cir.1977) (balancing test for 404(b)-like evidence; probative value vs. prejudice)