Bryant v. StateBryant v. State
Jeffrey Dwight Bryant was charged by accusation with one count of simple battery,
1. Bryant enumerates the general grounds. The victim testified that she and Bryant had known each other since 1989. On the night in issue in December 1995, they visited several nightclubs together. In the early morning hours, they drove in separate cars to her residence, where she left the car she was driving and accompanied him to his home. She refused to have sex with Bryant unless he wore a condom, and he ordered her to leave even though she had no car. Bryant then telephoned the police to have her removed from the premises. An argument ensued, and when the victim accused Bryant of being infected with the HIV virus and having no respect for women, Bryant struck her in the head with his fist. The victim then gathered her belongings and walked to her home. The next morning, when she sought medical attention for her head, a nurse at the hospital informed the police.
Bryant contends the evidence did not establish his guilt beyond a reasonable doubt because all evidence other than the victim’s testimony was circumstantial. Bryant was charged with violating
Bryant also argues that the evidence did not support his conviction because it showed the victim was a criminal trespasser who provoked and insulted him. He relies upon
First, Bryant did not raise justification as his defense. Instead, he absolutely denied hitting the victim. Second, the jury in this case
heard
the evidence showing that the victim was asked to leave and that she used what Bryant contended was “opprobrious or abusive language” against him.
2. The trial court granted the State’s motion in limine prohibiting the defense from introducing at trial any evidence pertaining to a dispossessory action Bryant initiated against the victim seven months prior to this incident; in that proceeding, he sought to evict her from a condominium he rented to her. The motion also sought to exclude other civil actions he filed against her following this incident. Bryant argues that the court erred in excluding this evidence because it would have shown her motive for accusing him falsely of hitting her.
Bryant is correct in his assertion that it is permissible to question a witness to reveal any possible bias. See
The trial court simply ruled that the other civil actions were not relevant. Here, as in
Harrell,
supra, the “situation called for the exercise of the trial judge’s discretion in limiting cross examination to relevant issues and precluding repetitive questions. We find no abuse of discretion of the trial court.” (Citations and punctuation omitted.)
Matthews v. State,
3. Bryant alleges two errors pertaining to the introduction by the State of similar transaction evidence.
(a) He maintains the trial court erred in allowing the State to introduce this evidence when the State did not timely serve notice upon him that it intended to introduce similar transactions. We do not agree.
In this case, the trial commenced on June 17, 1996. The State filed a copy of the notice on June 7, 1996, meeting the requirement for filing in USCR 31.1. Although the certificate of service attached to the notice recited that a copy had been mailed to Bryant’s attorney on that date, Bryant’s attorney informed the court that the envelope bore a postage meter postmark of June 11, 1996, which was the day he received it. We note that a postmark or postage meter imprint does not necessarily reflect the date on which an envelope is placed
in the United States mail. But regardless of when the notice was mailed, USCR 31.1 provides that the notice be “given and filed at least ten days before trial
unless the time is shortened or lengthened by the judge.”
(Emphasis supplied.) We have interpreted this rule as “clothing the trial court with discretion which will not be controlled
(b) Bryant also asserts error in the trial court’s charge on similar transaction evidence. The court neglected to refer to the similar transaction as an “alleged” occurrence when first instructing the jury about the similar transaction before its presentation. We do not agree with Bryant, however, that this instruction created a mandatory presumption, in violation of
Sandstrom v. Montana,
Neither do we agree with Bryant that the jury charge on similar transactions amounted to an improper expression of opinion, in violation of
4. Bryant next complains of the State’s cross-examining him about previous instances in which he hit women. He argues that this questioning introduced evidence of bad character, when he had not “opened the door” by testifying to his good character. We do not agree.
This line of questioning began when Bryant testified that he had offered the victim a ride after requesting that she leave. The prosecutor questioned him about being “nice” notwithstanding his anger at the victim, and in response, Bryant volunteered that he “controlled” his temper. He then explained that he did not “get in trouble. My record is clean.” At that point, the prosecutor began asking about whether he had ever been arrested or had other people file complaints against him. Later in the cross-examination, Bryant testified that he did not hit the victim because he knew “better than to hit anybody.” The prosecution then followed up on this testimony by asking him if he had never before hit anyone or been accused of hitting anyone. We need not decide whether Bryant’s statements “opened the door” to evidence of his bad character. When he described his characteristics and testified to the lack of past misdeeds, the State was entitled to explore the truth of these statements regardless of whether
Bryant had placed his character “in issue” within the meaning of
5. Contrary to Bryant’s contention, trial counsel’s performance was not so deficient as to amount to ineffective assistance.
6. Bryant contends the trial court erred in denying his request to cross-examine a witness he had called. The witness was the victim’s roommate at the time of the incident. Claiming surprise when this witness testified he had not seen the victim the day after the incident, Bryant requested permission to lead the witness. Bryant’s counsel implied the witness had made a contradictory statement to another lawyer, who represented Bryant in certain civil matters. The judge refused to allow the defense to cross-examine its own witness.
Justice did not require it here. Both the witness and the other lawyer testified that the witness had “no knowledge” about whether the incident occurred. Any contradiction in the witness’s testimony regarding whether he saw the victim after the incident was therefore immaterial. It is a rare case in which the trial court’s exercise of discretion on this issue warrants reversal.
7. Bryant maintains the court erred in charging the jury that it could consider his motive while not charging that the jury could consider the victim’s motive. This enumeration is without merit. The jury instruction in issue is one on intent, rather than motive. The court charged the jury that Bryant could not be presumed to have acted with criminal intent, but that it could find intent or the absence of intent from a consideration of “conduct,” “demeanor,” “motive,” and other circumstances surrounding the act charged. The court also charged the jury that the State was required to prove intent beyond a reasonable doubt. The charge did not violate Sandstrom, supra, and we find no error.
Judgment affirmed.