State v. ShedrickState v. Shedrick
Lead Opinion
This case requires us to resolve two issues: (1) what constitutes “evidence given in court” for purposes of the exclusion under
I
Evidence Given in a Juvenile Proceeding
We turn first to the question of what constitutes evidence given in court for purposes of the exclusion under
“ * * * The disposition of a child under the judgment rendered or any evidence given in court is not admissible as evidence against the child in any other case or proceeding in any other court, except that the judgment rendered and the disposition of the child may be considered by any court only as to the matter of sentence or to the granting of probation.”1 (Emphasis added.)
We must determine what constitutes “evidence given in court.” The state urges us to adopt a narrow interpretation of “evidence” for purposes of
We are not persuaded. The language employed in
Evidence is that which is offered to prove the existence or non-existence of a fact under oath or affirmation in a legal proceeding. The parties may present evidence in a variety of ways. It may be in the form of witness testimony in person or by deposition, it may consist of writings such as records or documents, or it may be in the form of exhibits or other concrete objects. See, e.g., Taylor v. Howard (1973),
When evidence is given in the form of testimony, it is the essential subject matter of the testimony which constitutes the evidence and not the precise words used. The transcript is not the “evidence,” but only a record of the evidence. Therefore, where a witness has testified in a juvenile proceeding,
Our interpretation of
We do not agree. This argument is also resolved by the language of
In this case, whether the statute bars the prior rape testimony of C.Y., her mother, and officer Bambrick, depends on whether these witnesses testified at Shedrick’s juvenile proceeding and whether their previous testimony was essentially the same as that which they gave in the present case.
The record presented to us does not permit us to answer these questions. When questioned at oral argument about whether these witnesses testified at Shedrick’s juvenile proceeding, counsel for the state represented that the record was silent on this matter. However, counsel stated his belief, based on facts outside the record, that Shedrick had pled guilty to raping C.Y. and that, therefore, no testimony or evidence of any kind was presented against him.
The record, however, appears to contradict this representation. During oral argument for his motion in limine, defense counsel made repeated references to the fact that Shedrick had pled not guilty to C.Y.’s rape. Furthermore, defense counsel referred to C.Y.’s testimony at Shedrick’s juvenile trial.
Because of the discrepancy between the facts represented by state’s counsel at oral argument and the facts suggested by the record, we must remand the case to the trial court for a disposition in accordance with the law as we have set it forth. If C.Y., her mother, or officer Bambrick testified at the juvenile proceeding, then
II
“Other Act” Evidence
This case also requires us to determine whether there was sufficient commonality between the rape of C.Y. and Lori Ewald’s rape to admit evidence of the prior rape to prove identity, plan, scheme, or system under
“Evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show that he acted in conformity therewith. It may, however, be admissible for other purposes, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident.”
A similar provision is found in
“In any criminal case in which the defendant’s motive or intent, the absence of mistake or accident on his part, or the defendant’s scheme, plan, or system in doing an act is material, any acts of the defendant which tend to show his motive or intent, the absence of mistake or accident on his part, or the defendant’s scheme, plan, or system in doing the act in question may be proved, whether they are contemporaneous with or prior or subsequent thereto, notwithstanding that such proof may show or tend to show the commission of another crime by the defendant.”
Although
When the identity of the perpetrator is at issue, “other act” evidence tends to show the defendant’s identity as the perpetrator by showing that he “committed similar crimes within a period of time reasonably near to the offense on trial, and that a similar scheme, plan or system was utilized to commit both the offense at issue and the other crimes.” Curry, supra,
We conclude that the similarities between the two crimes is sufficient. The evidence of the first rape tends to show the identity of the perpetrator of the second. Therefore, evidence of Shedrick’s prior rape of C.Y. meets the requirements for admission set by
Ill
Conclusion
For the foregoing reasons we affirm the court of appeals with respect to its holding that evidence of the prior rape fits within the prior act exception. We reverse the court of appeals with respect to its interpretation of R.C. 2151.-358(H), and remand the cause to the trial court for further proceedings consistent with this opinion.
Judgment reversed in part, affirmed in part and cause remanded.
Notes
.
“The judgment rendered by the court under this chapter shall not impose any of the civil disabilities ordinarily imposed by conviction of a crime in that the child is not a criminal by reason of the adjudication, nor shall any child be charged or convicted of a crime in any court except as provided by this chapter. The disposition of a child under the judgment rendered or any evidence given in court is not admissible as evidence against the child in any other case or proceeding in any other court, except that the judgment rendered and the disposition of the child may be considered by any court only as to the matter of sentence or to the granting of probation. The disposition or evidence shall not operate to disqualify a child in any future civil service examination, appointment, or application.”
. The conflict in the interpretations that have attended
Concurrence in Part
concurring in part and dissenting in part. The majority opinion
is an example of unfortunate inconsistency. On the one hand, the majority readily concludes that the questioned testimony of C.Y. constitutes “other acts” evidence per
Here, there was no use of the transcript of the testimony of C.Y. in the prior juvenile proceeding nor was there a use of any depositions taken in that proceeding. Furthermore, C.Y. did not read from any transcription of her prior testimony. The testimony of C.Y. here, or that of any other victim witness in such a situation, is a statement of a personally recollected event, and not a recount or reiteration of her (or anyone else’s) prior testimony given in the juvenile proceeding. Moreover, this type of testimony is a presentation anew of facts remembered of a prior incident. In the case sub judice, the defendant was charged as an adult with a heinous rape/murder, and denied that he was the one who committed these crimes. The testimony of C.Y. relating her prior unfortunate experience with this defendant, and the remarkable similarity of those acts of rape with those for which the defendant was charged here, present a vivid example of where “other acts” testimony is lawfully, and reasonably, admissible pursuant to
Such testimony of a victim witness, even though “essentially the same” as the prior testimony given, should not be excluded on the basis of
The result of this approach of the majority results in more than a protection of the integrity of the juvenile court proceeding — it results in thwarting justice.