Ward v. Commonwealth
568 S.W.3d 824
Mo. Ct. App.2019Background
- In Aug. 2014 Ward (51) picked up S.R., who was 17 at the time, in a downtown Louisville church parking lot around 4:00 a.m.; a neighbor reported a suspicious car there.
- Officers approached, detained both occupants, and a juvenile disclosed Ward forced her at gunpoint to perform oral sex; police then arrested Ward and found a handgun under the driver’s seat.
- Ward was tried in a trifurcated proceeding and convicted of first‑degree sodomy, possession of a handgun by a convicted felon, and being a first‑degree PFO; total sentence 40 years.
- On appeal Ward challenged (inter alia) the stop/search and suppression of the gun and victim statements, exclusion of evidence of the victim’s prior prostitution under KRE 412, admission of the victim’s age, denial of a stipulation to felon status, and joinder/severance of the handgun count.
- The Court affirmed: the stop was supported by reasonable suspicion based on the 911 tip plus corroboration and circumstances; KRE 412 exclusion of prior‑prostitution evidence was proper; admitting the victim’s age was permissible context; denial of a stipulation to felon status was error but harmless; joinder of phases before the same jury was not prejudicial because the offenses were intertwined.
Issues
| Issue | Plaintiff's Argument (Commonwealth) | Defendant's Argument (Ward) | Held |
|---|---|---|---|
| Lawfulness of stop/search and admissibility of gun and victim statements | Officers had reasonable suspicion from a corroborated 911 tip and scene observations | The 911 tip was anonymous/uncorroborated; detention/search unlawful; statements tainted | Stop/seizure and subsequent search were reasonable; evidence not suppressed |
| Exclusion under KRE 412 of prior prostitution evidence | Exclusion protects victims and did not bar Ward’s defense; evidence not directly pertaining to charged offense | Prior prostitution was directly pertinent to consent and motive; should be admitted under KRE 412(b)(1)(C) | Exclusion proper: prior prostitution did not “directly” pertain and was more prejudicial than probative |
| Admission of victim’s age at time of offense | Age is relevant context for why she was with Ward late at night | Age irrelevant to elements and prejudicial | Admission of age proper and not unduly prejudicial; trial court’s limiting instruction sufficient |
| Whether age evidence opened door to prior‑prostitution evidence | Commonwealth: age does not 'open the door' to otherwise barred sexual‑history evidence | Ward: once age admitted, jury may infer naïveté and defense must show prior prostitution to rebut | Age did not open the door; defense had other means to attack credibility; KRE 412 still bars prior prostitution evidence |
| Denial of Ward’s request to stipulate to felon status (felon‑in‑possession phase) | Commonwealth sought to prove felon status with a prior conviction record | Ward offered to stipulate to status to avoid prejudice from details of past convictions | Trial court erred under Anderson/Old Chief in denying stipulation, but error harmless given limited record evidence of the prior conviction |
| Severance of handgun possession for separate jury/trial | Commonwealth proceeded with trifurcated trial; handgun charge tried to same jury in separate phase | Ward sought severance to avoid prejudice from sodomy evidence bleeding to gun charge | No abuse of discretion: charges were inextricably intertwined because gun use was integral to the forcible‑compulsion element |
Key Cases Cited
- Terry v. Ohio, 392 U.S. 1 (establishes investigatory stop reasonable‑suspicion standard)
- United States v. Mendenhall, 446 U.S. 544 (seizure test: whether a reasonable person would feel free to leave)
- United States v. Cortez, 449 U.S. 411 (totality‑of‑circumstances test for reasonable suspicion)
- Montgomery v. Commonwealth, 320 S.W.3d 28 (KRE 412 residual exception; exclusion only if arbitrary or disproportionate)
- Anderson v. Commonwealth, 281 S.W.3d 761 (adopts Old Chief limited holding permitting stipulation to felon status)
- Old Chief v. United States, 519 U.S. 172 (prior‑conviction details may be excluded when defendant offers to stipulate)
- Wallace v. Commonwealth, 478 S.W.3d 291 (when firearm is integral to underlying offense, severance may be unnecessary)
- Brown v. Commonwealth, 297 S.W.3d 557 (victim background/age admissible absent undue sympathy or glorification)
- United States v. Cephus, 684 F.3d 703 (prior prostitution generally irrelevant to coercion element; exclusion appropriate)
- United States v. Rivera, 799 F.3d 180 (prior prostitution not probative of absence of coercion in trafficking cases)