State v. Young, 14092

Citation676 P.2d 56,106 Idaho 142
Decision Date31 January 1984
Docket NumberNo. 14092,14092
PartiesThe STATE of Idaho, Plaintiff-Respondent, v. Donald Allen YOUNG, Defendant-Appellant.
CourtCourt of Appeals of Idaho

Bruce S. Bistline and Rolf M. Kehne, Boise, for defendant-appellant.

Jim Jones, Atty. Gen., Lynn E. Thomas, Sol. Gen., Steven W. Berenter, Deputy Atty. Gen., Boise, for plaintiff-respondent.

PER CURIAM.

Donald Young appeals from a judgment of conviction for first degree murder and for possession of a firearm during the commission of a crime. The only issue raised in this appeal concerns the murder conviction. The issue is whether the district court committed reversible error by allowing the state to present evidence of the victim's good character. In view of the overwhelming evidence of guilt, we deem the error, if any, to be harmless; and we affirm.

The crime occurred at an apartment complex where Young and the victim, a young woman, had lived in separate apartments. The tragic events were viewed by eyewitnesses. The state's uncontroverted evidence showed that Young killed the victim with two blasts from a shotgun. The first shot was fired as Young stood near the front step of the apartment building. The victim fell on the front lawn. The second shot was fired as the victim lay in the grass. Young left the scene but soon returned, wearing a hat different from one he had worn a few minutes before, and claiming that someone else had fired the shots. However, the police arrested him after talking to the witnesses. Young later gave the police a taped statement, admitting that he killed the woman but asserting that he only intended to scare her and that he had been too drunk and confused to know what he was doing. At trial there was evidence that Young had consumed alcohol. However, a witness and a police officer who encountered Young shortly after the shooting testified that he did not appear to be intoxicated. Young elected not to testify at trial; and he called no other witnesses.

Young's taped statement was presented as part of the state's case. In this statement Young made an assertion about certain conduct of the victim. He claimed that a couple of weeks before the killing, she had exposed herself to him from her apartment window. He said that when he had attempted to discuss "why she was doing this," she threatened to accuse him falsely of rape. The defense interposed no objection to the playing of the tape. However, the defense later objected when the district court permitted two witnesses to testify about the victim's reputation for modesty.

In general, we note that the state cannot introduce evidence of a victim's good character unless and until the defendant has "opened the door" by first presenting evidence of the victim's bad character. State v. Bradley, 223 Kan. 710, 576 P.2d 647 (1978); see generally E. CLEARY, McCORMICK'S HANDBOOK OF THE LAW OF EVIDENCE § 193 (2d ed. 1972). The state now argues that the door was opened by Young's assertion about the victim's conduct. Young contends that the state, not he, opened the door by playing the tape; and, in any event, the tape contained nothing exculpatory for the state to rebut. The state responds that Young's assertion about the victim might have been exculpatory insofar as it suggested that his actions had been provoked.

The issue is subtle and vexing. Our independent review of the taped statement indicates that Young's assertion does not lend itself to easy labeling as either exculpatory or inculpatory. But in the last analysis, the outcome of this appeal does not turn upon such a determination. In every appeal from a judgment of conviction, the question is not merely whether error has been shown but...

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4 cases
  • State v. Gomez
    • United States
    • Idaho Court of Appeals
    • October 10, 2002
    ...court with a reasonable doubt that the jury would have reached the same result had the error not occurred. State v. Young, 106 Idaho 142, 144, 676 P.2d 56, 58 (Ct.App.1984). In Guytan, the original jury had been deliberating for only thirty minutes after they received the case for considera......
  • Perkins v. Thorpe
    • United States
    • Idaho Court of Appeals
    • January 31, 1984
    ... ... See Dep't of Employment v. Bake Young Realty, 98 Idaho 182, 560 P.2d 504 (1977) ...         In this case, it is clear that, although the salesman initially contacted Thorpe on ... ...
  • State v. Rivas
    • United States
    • Idaho Court of Appeals
    • July 1, 1996
    ...had the event not occurred. State v. Parkinson, 128 Idaho 29, 37, 909 P.2d 647, 655 (Ct.App.1996). See also, State v. Young, 106 Idaho 142, 144, 676 P.2d 56, 58 (Ct.App.1984). Our review of the record convinces us beyond a reasonable doubt that the jury would have reached the same conclusio......
  • Young v. State
    • United States
    • Idaho Court of Appeals
    • November 2, 1988
    ...during the commission of a crime. On direct appeal he challenged his murder conviction, but we upheld the judgment. State v. Young, 106 Idaho 142, 676 P.2d 56 (Ct.App.1984). Young also filed a motion to reduce a sentence of fixed life imprisonment imposed for the murder. His motion was deni......

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