552 P.3d 633
Idaho Ct. App.2023Background
- Defendant Cory Demetrius Wright was charged with multiple counts arising from alleged sexual abuse of two minors (his daughter A.S. and her half‑sister A.W.); the jury convicted on lewd conduct and sexual abuse related to A.S. and acquitted or deadlocked on other counts.
- The State sought to admit a 404(b) text message from Wright to the victims’ guardian containing the phrase “it had been 7 years and I got carried away,” and evidence that Wright had been away from the family for seven years; the court allowed the text as motive/intent evidence but barred explicit evidence of incarceration.
- Wright moved to exclude CARES (forensic interview) videos and to redact references implying incarceration; the State played a CARES video that included an unredacted remark about ‘‘seven years’’ and the court later ordered a redaction and gave a limiting instruction when the omission was discovered.
- Wright raised a Batson challenge after the State used a peremptory strike on Juror 28 (allegedly the only Black juror); the prosecutor explained a voir‑dire strategy of not questioning the back rows and thus not knowing Juror 28 well; the court denied Batson.
- Wright moved under I.R.E. 412 to impeach A.S. with alleged prior false sexual‑abuse accusations from 2015 (Arizona police reports); the court denied admission, finding Wright failed to prove falsity by a preponderance and that probative value did not outweigh prejudice.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Wright) | Held |
|---|---|---|---|
| Batson challenge to peremptory strike of Juror 28 | Prosecutor offered a race‑neutral reason (did not question back rows due to strategy; did not perceive juror as Black) and the court should defer to credibility findings | Strike was race‑based: only Black juror excluded; disparate questioning and alleged misrepresentations show pretext | Court affirmed denial of Batson: record insufficient to show prima facie case and trial court’s credibility finding that the reason was nonpretextual was not clearly erroneous |
| Admissibility of text message (404(b)) containing “it had been 7 years” | Text is relevant to motive/intent and not inherently a prison admission; probative value not substantially outweighed by prejudice | Phrase implied incarceration and unfairly prejudiced the jury | Text message admissible under 404(b); even if erroneous, admission was harmless given cumulative evidence that Wright had been absent seven years and limiting instruction |
| Mistrial / prosecutorial misconduct for failure to fully redact CARES interview | The omission was inadvertent; State had provided redacted copies and believed it complied; any error cured by prompt redaction and limiting instruction | Failure to redact implied incarceration and was prejudicial—warrants mistrial or reversal for misconduct | Denial of mistrial affirmed; error (failure to redact) did not constitute misconduct and was harmless given limiting instruction and strength of other evidence |
| I.R.E. 412 motion to impeach A.S. with alleged 2015 false accusation | 2015 reports do not prove falsity; defendant failed to show falsity by preponderance; probative value insufficient vs. prejudice | 2015 police reports show allegations were not prosecuted and thus false; constitutional right to confront requires admission under 412(b)(5) | Denial affirmed: Wright failed to prove prior allegation false by preponderance; court did not abuse discretion in excluding the evidence under I.R.E. 412 |
Key Cases Cited
- Batson v. Kentucky, 476 U.S. 79 (U.S. 1986) (peremptory strikes based on race violate Equal Protection)
- Hernandez v. New York, 500 U.S. 352 (U.S. 1991) (trial court may assess ultimate discriminatory intent and consider totality of circumstances)
- Purkett v. Elem, 514 U.S. 765 (U.S. 1995) (race‑neutral explanation need not be persuasive or plausible at step two)
- Miller‑El v. Dretke, 545 U.S. 231 (U.S. 2005) (failure to question juror on matters alleged to motivate strike can be evidence of pretext in context)
- Miller‑El v. Cockrell, 537 U.S. 322 (U.S. 2003) (statistical and pattern evidence may support Batson claims where combined with other proof)
- Flowers v. Mississippi, 139 S. Ct. 2228 (U.S. 2019) (trial courts consider totality and weight of race‑neutral explanations in Batson analysis)
- State v. Ish, 166 Idaho 492 (Idaho 2020) (discusses Batson step‑two and credibility review)
- State v. Chambers, 166 Idaho 837 (Idaho 2020) (sets three‑part test for admitting prior false allegations under I.R.E. 412)
- Kotteakos v. United States, 328 U.S. 750 (U.S. 1946) (framework for assessing harmless error and cumulative effect)