State v. Floyd

Citation125 Idaho 651,873 P.2d 905
Decision Date10 March 1994
Docket NumberNo. 20294,20294
PartiesSTATE of Idaho, Plaintiff-Respondent, v. James A. FLOYD, Defendant-Appellant.
CourtCourt of Appeals of Idaho

Edgar R. Frachiseur, Mountain Home, for defendant-appellant.

Larry EchoHawk, Atty. Gen. and Michael A. Henderson, Deputy Atty. Gen. (argued), Boise, for plaintiff-respondent.

PERRY, Judge.

James Floyd appeals from the judgment of conviction entered against him after he was tried by a jury and found guilty of rape and second degree kidnapping. He was sentenced to two concurrent terms of incarceration of two to ten years. For the reasons expressed below, we affirm the judgment of conviction and the concurrent sentences.

In early February 1992, Floyd was charged with rape, first degree kidnapping and two counts of infamous crime against nature. The victim, V.L., reported to the investigating officers that Floyd, under the pretext of taking V.L. to meet a former boyfriend who wanted to talk with her, drove V.L. to a desolate location. He stopped his vehicle and forced V.L. to perform fellatio and to have sexual intercourse with him under the threat that he would abandon her there in the snow at three o'clock in the morning. Upon reporting the incident, V.L. initially spoke briefly with Detective McCallum at the hospital. Later, she had two, more detailed interviews with Detective Berry. All three conversations were recorded on tape.

Floyd also agreed to give a statement to Detective Berry, which was taken in the driveway outside of Floyd's residence in Detective Berry's vehicle. After advising Floyd of his Miranda rights, Detective Berry tape-recorded Floyd's statement. In his statement, Floyd related the conversations he and V.L. had on the night in question. He described, in crude language, the sexual acts in which he and V.L. had engaged. Floyd adamantly maintained, however, that V.L. had gone with him voluntarily and that the sexual relations were consensual.

Floyd's statement was redacted by the district court as a result of two pretrial rulings. The district court ruled that references to prior rape allegations against Floyd were not to be brought up at trial. Further, in response to a motion in limine, the district court ruled inadmissible any reference to a request by Detective Berry that Floyd submit to a polygraph test. The mini-cassette tape containing Floyd's original statement was edited in accordance with the rulings of the district court. Floyd's statement was copied onto a standard-size cassette (Exhibit 14), which the state sought to admit at trial.

The district court, over the objection of the defense, admitted Exhibit 14. On one side was Floyd's edited statement. On the other side was V.L.'s second statement to Detective Berry, dated January 30, 1991, which originally had also been recorded on a mini-cassette. Neither of the mini-cassettes containing the original statements was ever offered or admitted into evidence. The jury returned verdicts of guilty on the rape charge and for second degree kidnapping and a not guilty verdict on the infamous crime against nature offense. 1 Floyd appeals his conviction on the rape and kidnapping charges.

I. ADMISSION OF FLOYD'S STATEMENT

Floyd first asserts that the district court erred in admitting into evidence the edited tape recording of his statement to Detective Berry. Floyd contends that the statement was not relevant because it was not inculpatory. Floyd also argues that Detective Berry could have testified to the facts contained in the statement. He further submits that the statement, which was filled with vulgarity, was inflammatory and, as such, was more prejudicial than probative. Finally, Floyd argues that the admission of his statement impermissibly revealed character evidence of an extremely unfavorable nature.

We examine the district court's decision to admit Floyd's edited tape-recorded statement to determine whether it was properly held to be: (1) relevant under I.R.E. 401 and (2) more probative than prejudicial under I.R.E. 403. The question whether Floyd's properly Mirandized statement is relevant is a question of law over which we exercise free review. State v. Raudebaugh, 124 Idaho 758, 864 P.2d 596 (1993). As to the decision whether to admit evidence once the evidence is determined to be relevant, we review the trial court's ruling pursuant to the three-step abuse of discretion standard set forth in State v. Hedger, 115 Idaho 598, 600, 768 P.2d 1331, 1333 (1989). Id. Our inquiry, therefore, is whether the trial court correctly perceived the issue as one of discretion, whether the trial court acted within the bounds of that discretion and consistently with applicable legal standards, and whether the trial court's decision was founded on and guided by an exercise of judicial reasoning. State v. Hedger, supra; Sun Valley Shopping Center, Inc. v. Idaho Power Co., 119 Idaho 87, 803 P.2d 993 (1991).

If evidence is not relevant, it is not admissible. See I.R.E. 402. In order to be relevant, the evidence must have a "tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence." I.R.E. 401. The state urged that Floyd's statement was relevant to whether V.L. had given her consent to the sexual encounter, which was the only element of proof in controversy on the rape count. Clearly, the statement, consisting of Floyd's detailed version of the events of January 30, 1991, was relevant as his admission that the alleged sexual encounter had taken place. Floyd's statement corroborates V.L.'s testimony of certain statements Floyd had made to her, from which V.L. determined that she had no choice but to accede to his sexual demands. As conveyed to Detective Berry, Floyd said that he had told V.L., "I'd hate to drive all this way up for nothing and him not be up here ... it'd be nice if you give me a piece of ass." Floyd also said, "If you don't want to be around me you can leave anytime you want." Floyd even stated that, after they had sex, V.L. said to him something to the effect that "she was afraid I might kill her." Therefore, Floyd's statement addresses whether V.L. consented to or was forced into the sexual encounter. The statement was also relevant to the credibility of the respective parties. We conclude that the statement was relevant to the prosecution of Floyd for rape and was, therefore, admissible under I.R.E. 401.

Idaho Rule of Evidence 403, however, allows that evidence, although relevant, may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, misleading the jury, or by considerations of undue delay, waste of time or needless presentation of cumulative evidence. To prevail on the Rule 403 issue, Floyd must show not only that the danger of unfair prejudice posed by his sexually explicit and vulgar language substantially outweighed the statements' probative value, but also that the district court abused its discretion in striking the balance in favor of admission. See U.S. v. Ranney, 719 F.2d 1183, 1188 (1st Cir.1983).

Rule 403 does not offer protection against evidence that is merely prejudicial in the sense of being detrimental to the party's case. The rule protects against evidence that is unfairly prejudicial, that is, if it tends to suggest decision on an improper basis. Wade v. Haynes, 663 F.2d 778, 783 (8th Cir.1981). The fact that Floyd's choice of words in his statement were crude, vulgar and potentially offensive to a jury is not in and of itself sufficient...

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  • State v. Moses
    • United States
    • United States State Supreme Court of Idaho
    • June 19, 2014
    ...or on behalf of the adverse party." State v. Butcher, 137 Idaho 125, 133, 44 P.3d 1180, 1188 (Ct.App.2002) ; State v. Floyd, 125 Idaho 651, 655, 873 P.2d 905, 909 (Ct.App.1994) ; State v. Sorrell, 116 Idaho 966, 968, 783 P.2d 305, 307 (Ct.App.1989). "The mere fact that testimony might well ......
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    ...but only that which is unfairly prejudicial such that it tends to suggest a decision on an improper basis. State v. Floyd, 125 Idaho 651, 873 P.2d 905 (Ct.App.1994). As discussed below, Moore was allowed to offer alternative explanations for his move to Oregon in order to refute the State's......
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    • July 12, 2023
    ......Denying the. direct admission of evidence does not necessarily preclude. its use for impeachment purposes when making an inquiry into. a prior inconsistent statement under Idaho Rule of Evidence. 613. . .          In. State v. Floyd , the Idaho Court of Appeals observed. that "Rule 403 does not offer protection against. evidence that is merely prejudicial in the sense of being. detrimental to the party's case. The rule protects. against evidence that is unfairly prejudicial, that is, if it. tends ......
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