Marks v. State
2012 Ala. Crim. App. LEXIS 3
Ala. Crim. App.2012Background
- Marks was convicted of rape in the first degree and sentenced as a habitual felon to life imprisonment without parole.
- In May 2009, 15-year-old I.C. misdialed Marks' number; Marks identified himself as Chevy and went to her apartment.
- Marks compelled I.C. into an abandoned apartment with a gun and raped her, threatening harm to her and her family.
- The next day I.C. reported to police; conversations with Marks were recorded; Marks acknowledged using a condom and questioned why they brought it up.
- Police found a used condom at the scene; DNA from Marks and a secondary profile matched; I.C. could not be excluded as the source of the secondary DNA.
- Marks testified he was drinking and using drugs that night and denied having sex with I.C.; the jury convicted him and he was sentenced under the Habitual Felony Offender Act to life without parole; appellate issue raised about Rule 404(b) collateral acts and jury instruction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of 404(b) collateral acts | State argues the collateral acts show motive, opportunity, plan, knowledge, identity. | Marks contends motive/opportunity/plan/knowledge/identity were not at issue; evidence should be excluded. | Not decided; remanded for possible reconsideration. |
| Jury instruction restricting 404(b) evidence | Instruction limited purposes to motive/opportunity/plan/knowledge; aligns with 404(b) aims. | Instruction too broad and allowed consideration for implausible purposes like identity. | Reversible error; instruction too general and violated Ex parte Billups. |
Key Cases Cited
- Ex parte Billups, 86 So.3d 1079 (Ala.2010) (requires specific limiting purpose statement for Rule 404(b) evidence)
- Huddleston v. United States, 485 U.S. 681 (Supreme Court, 1988) (instruction on proper purpose for 404(b) evidence)
- United States v. Tse, 375 F.3d 148 (1st Cir. 2004) (pattern jury instructions for 404(b) evidence)
- Ex parte Belisle, 11 So.3d 323 (Ala.2008) (limits of limiting instructions for 404(b) evidence)
- Gibson v. State, 677 So.2d 238 (Ala.Crim.App.1995) (identity at issue when accused denies offense)