State v. Vance Everett Thumm
153 Idaho 533
| Idaho Ct. App. | 2012Background
- Thumm was convicted of aggravated battery with a persistent violator enhancement after a four-day consolidated trial related to an early-morning attack on Ohls at a motel party.
- The State filed multiple 404(b) notices seeking to admit gang evidence and a prior attack by Thumm and others; the district court limited use to impeachment and rebuttal purposes.
- During trial, Hughes testified with a remark referencing a gang-related term and a neck tattoo; defense moved for mistrial, which the district court denied.
- The State sought to impeach Smith (a co-defendant) with potential gang-affiliation evidence if Smith testified, and the district court ruled Smith could be impeached if he testified, linking Thumm to gang associations.
- Thumm challenged several claims including Fifth Amendment silence, prosecutorial misconduct, and the use of impeachment evidence; the court addressed preservation and framework for fundamental error.
- The appellate court affirmed Thumm’s conviction, finding no reversible error in mistrial denial, admissibility rulings, or alleged constitutional errors, and held no cumulative-error basis for reversal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the district court erred in denying mistrial over gang references | Thumm | State | No reversible error; not prejudicial to require mistrial |
| Whether Smith's potential gang association could be used for impeachment if he testified | Thumm | State | Admissible if relevant and not substantially prejudicial; district court did not abuse discretion |
| Whether Thumm's pre-Miranda silence was improperly used to imply guilt | Thumm | State | Not plainly erroneous; harmless in context |
| Whether prosecutorial closing arguments constituted reversible prosecutorial misconduct | Thumm | State | Not fundamental error; did not affect outcome |
| Whether the cumulative-error doctrine warrants reversal | Thumm | State | Insufficient errors to invoke cumulative error |
Key Cases Cited
- United States v. Abel, 469 U.S. 45 (U.S. 1984) (impeachment by gang association analyzed for bias and credibility)
- State v. Perry, 150 Idaho 209, 245 P.3d 961 (Idaho Supreme Court 2010) (fundamental error doctrine in unobjected claims; three-prong test)
- State v. Carson, 151 Idaho 713, 264 P.3d 54 (Idaho Supreme Court 2011) (closing-argument errors reviewed with respect to reasonable doubt and instructions)
- State v. Raudebaugh, 124 Idaho 758, 864 P.2d 596 (Idaho Ct. App. 1993) (I.R.E. 401/403 deference in impeachment and relevance balancing)
- State v. Enno, 119 Idaho 392, 807 P.2d 610 (Idaho Ct. App. 1991) (standards for reviewing trial court discretion)
- State v. Hedger, 115 Idaho 598, 768 P.2d 1331 (Idaho Supreme Court 1989) (three-tier approach to discretionary rulings on evidence)
- State v. Ellington, 151 Idaho 53, 253 P.3d 727 (Idaho Supreme Court 2011) (constitutional silence doctrine context for admissibility of statements)