State v. Blanton, 2144
| Decision Date | 07 March 1994 |
| Docket Number | No. 2144,2144 |
| Citation | 446 S.E.2d 438,316 S.C. 31 |
| Court | South Carolina Court of Appeals |
| Parties | The STATE, Respondent, v. Jack Baxter BLANTON, Sr., Appellant. |
Harold R. Lowery, of Lowery, Thompson & King, Anderson, for appellant.
Atty. Gen. T. Travis Medlock and Chief Deputy Atty. Gen. Donald J. Zelenka, Columbia; and Sol. George M. Ducworth, Anderson, for respondent.
Jack Blanton was convicted of criminal sexual conduct with a minor in the first degree. He appeals. We affirm.
J., Blanton's granddaughter, testified that when she was eight years old, Blanton sexually molested her on several occasions. At trial, two other females testified, over Blanton's objection, that they had also been sexually abused by Blanton. The acts described by these two witnesses occurred during 1983 and 1984, approximately seven or eight years before the acts in the present case. On appeal, Blanton challenges the admission of this evidence.
Evidence of prior bad acts is generally not admissible to prove the crime for which the defendant is charged. However, this evidence is admissible if it tends to show common scheme or plan and its close similarity to the charged offense enhances its probative value so as to outweigh its prejudicial effect. State v. Hallman, 298 S.C. 172, 379 S.E.2d 115 (1989); see also State v. McClellan, 283 S.C. 389, 323 S.E.2d 772 (1984); State v. Henry, --- S.C. ----, 432 S.E.2d 489 (Ct.App.1993).
We find this testimony was properly admitted. All three of the female victims were approximately the same age. Each was subjected to requests both for the performance of cunnilingus and fellatio. All of the alleged activities took place in Blanton's house or his vehicle. In each instance, Blanton took advantage of his relationship with the victim for his sexual gratification. The prior acts were sufficiently similar to the charged offense to be admissible.
That the alleged acts perpetrated against the two witnesses occurred some seven to eight years prior to the alleged molestation of J., is not alone dispositive. In Hallman, the earliest of the alleged prior bad acts occurred some seven years before the first acts committed against the victim.
Evidence of a defendant's prior bad acts must be clear and convincing in order to be admissible. State v. Bell, 302 S.C. 18, 393 S.E.2d 364 (1990); State v. Conyers, 268 S.C. 276, 233 S.E.2d 95 (1977). Blanton argues that this evidentiary standard was not met because the alleged prior bad acts were not the subject of a...
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State v. Perry
...the defendant had sexually abused the victim's sister in a virtually identical manner to the victim); State v. Blanton , 316 S.C. 31, 33, 446 S.E.2d 438, 439 (Ct. App. 1994) (affirming the trial court's decision to admit testimony of two witnesses who were sexually abused by the defendant s......
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State v. Warren
...sexual conduct against his youngest daughter where experiences of each daughter paralleled that of her sisters); State v. Blanton, 316 S.C. 31, 446 S.E.2d 438 (Ct.App.1994) (evidence of prior acts of sexual abuse involving defendant and other victims was sufficiently similar and, therefore,......
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State v. Kirton
...its probative value clearly outweighs its prejudicial effect." Id. at 175, 379 S.E.2d at 117. The appellant in State v. Blanton, 316 S.C. 31, 446 S.E.2d 438 (Ct.App.1994), claimed the trial court erred in admitting the testimony of two females in his trial for criminal sexual conduct agains......
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State v. Wallace
...similarities between the Georgia case and present case to apply the Lyle common scheme or plan exception."); State v. Blanton, 316 S.C. 31, 32, 446 S.E.2d 438, 439 (Ct.App. 1994) ("The prior acts were sufficiently similar to the charged offense to be admissible."); State v. Wingo, 304 S.C. ......