State v. Addison

• Decision Date: 06 December 1999
• Docket Number: No. 3082.,3082.
• Citation: 338 S.C. 277,525 S.E.2d 901
• Court: South Carolina Court of Appeals
• Parties: The STATE, Respondent, v. Jerome ADDISON, Appellant.

338 S.C. 277

525 S.E.2d 901

The STATE, Respondent, v. Jerome ADDISON, Appellant.

No. 3082.

Court of Appeals of South Carolina.

Heard November 3, 1999.

Decided December 6, 1999.

Rehearing Denied January 29, 2000.

Assistant Appellate Defender M. Anne Pearce, of South Carolina Office of Appellate Defense, of Columbia, for Appellant.

Attorney General Charles M. Condon, Chief Deputy Attorney General John W. McIntosh, and Assistant Deputy Attorney General Salley W. Elliott, all of Columbia; and Solicitor David P. Schwacke, of N. Charleston, for Respondent.

ANDERSON, Judge:

Jerome Addison was convicted of assault and battery with intent to kill (ABIK) and kidnapping. He was sentenced to life imprisonment without the possibility of parole. On appeal, Addison argues the trial court erred in refusing to instruct the jury that the State must disprove self-defense beyond a reasonable doubt. We affirm.

FACTS/PROCEDURAL BACKGROUND

Addison was charged with two counts of first degree criminal sexual conduct,¹ one count of ABIK, and one count of kidnapping. Around 10:00 p.m. on February 14, 1996, Debra Brown went to a neighborhood club and had a few drinks. While at the club, Brown had a conversation with Addison, whom she had met previously through a mutual friend. After talking for a while, Addison offered Brown a ride home and she accepted. Along the way, he stopped to get gas and bought Brown a beer. According to Brown, Addison stopped at the Palms Apartments and bought some crack cocaine. When he returned to the car, he was angry. Brown became frightened and tried to open the door of the car to get out. Addison grabbed Brown by the neck, pulled her back in, and instructed her "to sit still."

Addison drove to a wooded area, pulled Brown out of the car, and raped her. He made her get in the floorboard of the car until they reached a trailer Addison's mother owned. Addison dragged Brown into the trailer. When she tried to escape, he beat her with his fists and a tire iron. Addison smoked the crack cocaine. He again raped Brown. Brown smoked some of the crack after Addison attempted to shove one of the rocks down her throat. Addison threatened to kill Brown's children if she told anyone. Around 6:00 a.m. the next morning, Addison dropped Brown off at a shopping center near her house. Brown walked to her sister's house. Because Brown was severely injured, her sister called an ambulance to take her to the hospital. Brown's face was severely cut, bruised, and swollen. She had major trauma to her neck and upper body.

Addison's story differed substantially from Brown's account of the facts. Addison claimed the victim agreed to have sex with him in exchange for drugs. He said they smoked the crack cocaine together and then engaged in consensual sex. When they ran out of drugs, Addison left the trailer and purchased more drugs. When he returned, Addison drove Brown to the store and bought some beer. The couple went back to the trailer. At that point, Brown refused to have sex with Addison. He tried to convince Brown to have sex with him again by allowing her to smoke more crack. When she would not agree to have sex with him, Addison withheld the drugs. According to Addison, Brown became angry and attacked him with "a piece of working material." He maintained he beat her in order to protect himself and to try and "disarm" her. He claimed "all [he] wanted her to do was quit."

At trial, the judge charged the jury the defendant had the burden of proving each element of self-defense by the preponderance of the evidence. Defense counsel objected to the charge and moved for a mistrial. The court denied the mistrial but gave the following curative instruction:

Mr. Foreman, Ladies and Gentlemen, I don't mean to confuse you, but there's one matter I do want to clarify. When we discussed the issue of self-defense to the assault and battery or the assault and battery with intent to kill, if the state's proven beyond a reasonable doubt to your satisfaction, the evidence of that can arise from anything in this particular trial. The defense doesn't have to prove it. If you find that self-defense arises, the, of course, you cannot find him guilty of any of assault and battery type charges.

So I'm telling you that they don't automatically have to prove it. If you find that within the evidence, it's there and the fact that you find it or talk about it raises a reasonable doubt, then the State hasn't proven it because you've established a reasonable doubt. I hope that's clear because you can use the self-defense in several different ways.

After the curative charge, defense counsel asserted: "Your Honor, I still believe that the prosecution must disprove." The judge ruled: "I'm not going to tell the jury that the prosecution has the burden of disproving self-defense beyond every reasonable doubt because that's not their burden."

ISSUE

Did the trial court err in refusing to instruct the jury the State bears the burden of disproving self-defense beyond a reasonable doubt?

LAW/ANALYSIS

Addison contends the "trial judge erred in refusing to instruct the jury that the State bears the burden of disproving self-defense beyond a reasonable doubt." We disagree.

Historically, in South Carolina, self-defense was an affirmative defense. A defendant was required to prove the elements of self-defense by a preponderance of the evidence. See State v. Bolton, 266 S.C. 444, 223 S.E.2d 863 (1976). However, our Supreme Court changed the law of self-defense in State v. Davis, 282 S.C. 45, 317 S.E.2d 452 (1984). In Davis, the Court gave the trial bench a model self-defense charge:

Self-defense is a complete defense. If established, you must find the defendant not guilty. There are four elements required by law to establish self-defense in this case.

First, the defendant must be without fault in bringing on the difficulty. Second, the defendant must have actually believed he was in imminent danger of losing his life or sustaining serious bodily injury, or he actually was in such imminent danger. Third, if his defense is based upon his belief of imminent danger, a reasonably prudent man of ordinary firmness and courage would have entertained the same belief. If the defendant actually was in imminent danger, the circumstances were such as would warrant a man of ordinary prudence, firmness and courage to strike the fatal blow in order to save himself from serious bodily harm or losing his own life. Fourth, the defendant had no other probable means of avoiding the danger of losing his own life or sustaining serious bodily injury than to act as he did in this particular instance. If, however, the defendant was on his own premises he had no duty to retreat before acting in self-defense. These are the elements of self-defense.

If you have a reasonable doubt of the defendant's guilt after considering all the evidence including the evidence of self-defense, then you must find him not guilty. On the other hand, if you have no reasonable doubt of the defendant's guilt after considering all the evidence including the evidence of self-defense then you must find him guilty.

Davis, 282 S.C. at 46, 317 S.E.2d at 453. In State v. Glover, 284 S.C. 152, 154, 326 S.E.2d 150, 151 (1985), the Court held "the charge approved in Davis shall be applied in all cases tried subsequent to the date of that decision."

The Court revisited the issue in State v. Bellamy, 293 S.C. 103, 105, 359 S.E.2d 63, 64 (1987),overruled on other grounds by State v. Torrence, 305 S.C. 45, 406 S.E.2d 315 (1991). Examining a charge which stated the defendant who pleads self-defense is required to prove the elements of that defense by a preponderance of the evidence, the Court ruled the charge was "in direct contravention of the model charge given in Davis, supra, and made mandatory in Glover, supra." After quoting the relevant portion of the self-defense charge in Davis, the Court explained the status of self-defense law: "It is clear that the defendant need not establish self-defense by a preponderance of the evidence but must merely produce evidence which causes the jury to have a reasonable doubt regarding his guilt." Id. at 105, 359 S.E.2d at 64-65. Immediately following this statement, in footnote 1, the Court referenced a passage from The Criminal Law of South Carolina: "As Professor McAninch observed, `The clear implication of the proposed instruction in Davis is that self-defense is no longer to be considered an affirmative defense which must be established by the defendant by a preponderance of the evidence. [I]f any reasonable doubt remains as to self-defense, the jury must acquit.' W. McAninch & W. Fairey, The Criminal Law of South Carolina, 101 (Supp.1986)." Id. at 105, 359 S.E.2d at 65. The Court acknowledged Respondent's contention that under Martin v. Ohio, 480 U.S. 228, 107 S.Ct. 1098, 94 L.Ed.2d 267 (1987), "a state may require a defendant to prove self-defense by a preponderance of the evidence." Yet, the Court declined to address this assertion, concluding "[w]hile the charge may be constitutionally permissible, it does not comport with South Carolina Law." Id. at 105, 359 S.E.2d at 65.

Indubitably, the law of self-defense has changed to the benefit of a defendant. However, the change has not been so dramatic that the State is now required to disprove a defendant's claim of self-defense as Addison asserts. In support of his argument, Addison relies on an isolated sentence from State v. Wiggins, 330 S.C. 538, 544, 500 S.E.2d 489, 492-93 (1998), which states: "current law requires the State to disprove self-defense, once raised by the defendant, beyond a reasonable doubt." Wiggins does not support Addison's contention. First, Wiggins does not address the issue presented in this case. In Wiggins, the issue posited was whether the trial judge erred in refusing to direct a verdict of acquittal because Appellant was acting in self-defense as a matter of law. The sentence in Wiggins...