Carter v. StateCarter v. State
Jude Carter was convicted on one count of child molestation. The indictment charged him with performing an immoral and indecent
Construed to uphold the jury’s verdict, evidence was presented that Jude Carter lived in a mobile home with a friend, Steven Carter, along with Steven Carter’s wife and daughter. On December 8, 1996, the victim, a friend of Steven Carter’s daughter, spent the night in Steven Carter’s home. Steven Carter testified that he and Jude Carter had been drinking that day and had consumed “a lot” of beer. He stated that once during the evening, he walked into the living room where his daughter and the victim had fallen asleep and saw Jude Carter “feeling on” the victim’s body. Jude Carter told him he was looking for money the victim had taken. Steven Carter also testified, however, that after he left the room and returned again, Jude Carter “was doing it again, except this time he was rubbing her butt” and that Jude Carter stated that “he wanted some p — .” The victim testified that while sleeping at Steven Carter’s home, she awoke to find Jude Carter “feeling on” her chest and face. He told her he was looking for money, but she did not believe him because, in her opinion, he was touching her in a sexual manner. We also note the testimony of Steven Carter’s daughter that while Jude Carter was playing cards with her and the victim earlier that day, he had solicited sex from the victim by offering her money.
Jude Carter testified, denying any inappropriate actions toward the victim. He stated that he lifted the comforter under which the girls were sleeping to look for “[m]y money, my pesa.” Carter’s sister, who acted as an interpreter because Jude Carter apparently was originally from Pakistan, stated that “pesa” is a Pakistani term for money. Jude Carter also testified that some of his personal belongings and money were stolen from his room. He believed that Steven Carter’s daughter and the victim had stolen his jewelry. He also seemed to imply during his testimony that Steven Carter played some part in the theft of his personal belongings.
Carter contends the trial court erred in failing to charge the jury on circumstantial evidence and that the evidence was insufficient to support the jury’s verdict. In particular, he contends that the only direct evidence of his guilt was given by Steven Carter, who the jury could have concluded was impeached for interest. Relying on a line of cases beginning with Horne v. State,
Even assuming, without deciding, that Steven Carter’s testimony was impeached for interest, we do not agree. Indeed, in Horne, this court concluded that the trial court erred in failing to give an instruction on circumstantial evidence where the trial court
The Supreme Court modified this rule, however, in Robinson v. State,
stands for the proposition that if the jury could have found that the state’s witnesses had been impeached, such that it was left to determine the defendant’s guilt or innocence solely on the basis of circumstantial evidence in the case, the trial court must charge the law of circumstantial evidence.
(Emphasis in original.) Robinson, supra at 698. Citing Green, supra, the Supreme Court also discussed the theory underlying the rule that a court commits reversible error in failing to charge on circumstantial evidence, upon request, when the only direct evidence comes from a witness who has been impeached:
[W]here both direct and circumstantial evidence of the defendant’s guilt is admitted, and the jury is authorized to find that all the direct evidence, in the form of witness testimony, has been impeached, the jury is left to determine the guilt or innocence of the defendant based solely on the circumstantial evidence, and therefore must have some guidance on the quantum of circumstantial evidence which will authorize a conviction. [Cit.]
Robinson, supra at 699.
But the Supreme Court then addressed a problem inherent in Horne: the impossibility of determining from a jury’s verdict whether the jury found that the state’s witnesses had or had not been impeached. Robinson, supra. The Court observed that “a clear rule” was needed “delineating when the law of circumstantial evidence should be charged.” According to the Supreme Court in Robinson, the “better rule” is that if the state’s case depends, in whole or in part, on circumstantial evidence, the trial court must charge the jury on the law of circumstantial evidence, if such a charge is requested. “This rule will apply whether or not the jury is authorized to find that the direct evidence presented by witness testimony has been impeached.”
Applying these cases here, assuming that Steven Carter’s direct testimony was impeached, the state’s case depended on both direct and circumstantial evidence. Regardless of whether the witness’s testimony was impeached, under the rationale of Robinson and its progeny, a charge on circumstantial evidence as defined by
We also note Jude Carter’s argument that because Steven Carter’s testimony may have been impeached, the only credible evidence against him was circumstantial, and the trial court therefore was required to charge on circumstantial evidence. This argument fails. Whether Steven Carter’s testimony was impeached was a jury question, and even if the jury determined that he had been impeached, his credibility was a matter for that jury. Chapman v. State,
Judgment affirmed.
Notes
We note that when the state’s case rests solely on circumstantial evidence, the trial court must charge on the law of circumstantial evidence, and the charge must consist of the language of