Rhodes v. State, F-82-528
Decision Date | 05 February 1985 |
Docket Number | No. F-82-528,F-82-528 |
Citation | 695 P.2d 861 |
Parties | Jackie RHODES and Edward J. Large, Appellants, v. The STATE of Oklahoma, Appellee. |
Court | United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma |
Jackie Rhodes and Edward J. Large were convicted of Burglary in the Second Degree After Former Convication of a Felony, and were sentenced to ten (10) years in prison. On appeal, they present six assignments of error. We affirm.
The first assignment of error deals with alleged improper cross examination of a defense witness. It was not erroneous to permit the prosecutor to question the witness concerning prior criminal charges brought against him, since the witness indicated on direct that he had never been accused of a crime he did not commit. The reason for the rule against impeaching on charges of criminal misconduct is "that innocent men are often arrested [and] charged with a criminal offense." Slater v. United States, 1 Okl.Cr. 275, 98 P. 110, 112 (1908).
Moreover, appellant waived any error in examination of the witness concerning details of his prior misconduct by his failure to object. Before this Court can consider alleged improper cross examination by the State, defense counsel must object and obtain a ruling. See, Byrum v. State, 54 Okl.Cr. 173, 15 P.2d 1096 (1932). Cf. Wolf v. State, 375 P.2d 283 (Okl.Cr.1962) ( ).
The second assignment concerns the alleged impeachment of the defense witness on a collateral matter by extrinsic evidence. The witness claimed to have committed the crime charged against the appellants. On cross, he denied recently confessing falsely to five other crimes in Bokchita, Oklahoma. On rebuttal, the State offered proof of the prior confession.
At the time of the prior confession, the witness, who had three prior convictions, faced eleven charges in two states, besides the Bokchito crimes. He was almost certain to receive a lengthy prison sentence, and had nothing to lose by confessing to additional crimes he did not commit. See, Hemphill v. State, 634 S.W.2d 78 (Tex.App.1982), and Bellew v. Gunn, 424 F.Supp. 31 (N.D.Cal.1976), aff'd on other grounds, 532 F.2d 1288, cert. den., 426 U.S. 753, 96 S.Ct. 3180, 49 L.Ed.2d 1192.
The prior confession was part of cooperation which led to a plea agreement, and could be found to have been an unscrupulous attempt to curry favor with the State. By the time of trial in the case at bar, the witness had received two life sentences, and again had nothing to lose by falsely confessing to curry favor with the appellants, whom he had met in jail.
Wigmore, supra, § 940 at 776; Davis v. Alaska, 415 U.S. 308, 317, 94 S.Ct. 1105, 1111, 39 L.Ed.2d 347 (1974). Note 5; Johnson v. Brewer, 521 F.2d 556 (8th Cir.1975), we find no error in the admission of the evidence.
The third assignment of error complains of the endorsement of prosecution witnesses on the day of trial. However, the witnesses were bondsmen who had posted appearance bonds for the appellants in this cause, and the defense had been advised some two weeks earlier that the State intended to offer appellants' forfeitures of the bonds in evidence at trial. Endorsement of a witness on an information may be permitted at any time in the trial court's discretion. Stilwell v. State, 559 P.2d 1263 (Okl.Cr.1977). No surprise or prejudice could have resulted, and no abuse of discretion is shown.
The fourth assignment relates to the use of the bond forfeitures as evidence of flight at trial. However, evidence that the defendant forfeited an appearance bond in the case in which he is on trial is of the same stripe as evidence of flight or escape from jail while awaiting trial, and is admissible. See Strickland v. State, 137 Ga.App. 628, 224 S.E.2d 809 (1976). Moreover, proof of flight is a proper use of other...
To continue reading
Request your trial-
Myers v. State
...124, 148 L.Ed.2d 79 (2000); quoting Gideon v. State, 1986 OK CR 112, ¶ 11, 721 P.2d 1336, 1338; Rhodes v. State, 1985 OK CR 16, ¶ 9, 695 P.2d 861, 863. ¶ 18 In State v. Plaster, 424 N.W.2d 226 (Iowa 1988), the Court allowed evidence of a defendant's sexual assault on a woman other than the ......
-
Thomas v. State, F-87-802
...of a continuance. We find that the trial court followed the correct procedure when it offered Appellant a continuance. Rhodes v. State, 695 P.2d 861, 863 (Okl.Cr.1985). His refusal of the offered continuance has waived any We next turn to Appellant's allegation that a statement made by Mary......
-
Probst v. State
...to trial. The endorsement of a witness on an Information may be permitted at any time in the trial court's discretion. Rhodes v. State, 695 P.2d 861, 863 (Okl.Cr.1985). Absent a showing of surprise or prejudice, no abuse of discretion will be found. Id. The gravamen of appellant's complaint......
-
Beck v. State
...permitted the use of extrinsic evidence to demonstrate bias despite the prevailing rule against its use. See, Id. at 901; Rhodes v. State, 695 P.2d 861 (Okl.Cr.1985). Clearly bias evidence is never collateral. Thus, our previous holding in Woods v. State, 657 P.2d 180, 182 (Okl.Cr.1983), th......