State v. Garcia, No. 24896.

• Court: United States State Supreme Court of South Carolina
• Writing for the Court: BURNETT, Justice
• Citation: 334 S.C. 71,512 S.E.2d 507
• Parties: The STATE, Respondent, v. Joseph E. GARCIA, Appellant.
• Decision Date: 08 February 1999
• Docket Number: No. 24896.

334 S.C. 71
512 S.E.2d 507

The STATE, Respondent,
v.
Joseph E. GARCIA, Appellant

No. 24896.

Supreme Court of South Carolina.

Heard December 16, 1998.

Decided February 8, 1999.

334 S.C. 73

David I. Bruck and Assistant Appellate Defender Melody J. Brown, of South Carolina Office of Appellate Defense, of Columbia, for appellant

Attorney General Charles M. Condon, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka, Special Assistant Attorney General Robert F. Daley, Jr., of Columbia; and Solicitor John R. Justice, of Chester, for respondent.

BURNETT, Justice:

Appellant was convicted of murder and sentenced to life imprisonment. We reverse.

FACTS

Appellant admitted he shot and killed his girlfriend, Holly Crouch Collins, while the two were at home on the evening of July 19, 1996. Appellant maintained the shooting was an accident. There were no witnesses.

Over appellant's objection, the State presented witnesses who testified, in essence, shortly before her death, the deceased was scared of appellant. Specifically, these witnesses testified as follows:

1) Iva Hopper, Holly's grandmother, testified, the day before Holly's death, she noticed a bruise below Holly's knee. She asked Holly how she had acquired the bruise and Holly stated appellant had kicked her.

334 S.C. 74

2) Lisa Estes, Holly's cousin, testified a week before Holly's death, Holly told her appellant stated, if she ever left him, he would kill her and her family.

Appellant offered no evidence at trial.

ISSUE

Did the trial court err by ruling Estes' and Hopper's testimony was admissible under Rule 803(3), SCRE, the "state of mind" exception?

DISCUSSION

Appellant argues the trial court erred by admitting Estes' and Hopper's testimony under the "state of mind" exception to the rule against hearsay.¹ Rule 803(3), SCRE. More particularly, appellant contends the decedent's state of mind was not a relevant issue and, further, the decedent's statements do not fall within the "state of mind" exception to the rule against hearsay.

Evidence is relevant if it tends 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." Rule 401, SCRE. Here, the victim's state of mind—that she was scared of appellant—was relevant because it tended to disprove appellant's contention the shooting was an accident; the victim's fear suggests appellant may have intended the shooting. United States v. Tokars, 95 F.3d 1520 (11th Cir.1996) (when relevant to the motive to kill, evidence of the victim's state of mind is admissible under Rule 803(3), FRE); State v. Wood, 180 Ariz. 53, 881 P.2d 1158 (1994) (victim's statements about her fear of defendant and her desire to end their relationship were relevant to trial issues of defendant's motive and mental state); State v. Richards, 552 N.W.2d 197 (Minn.1996) (where defendant raised accident and/or suicide as a defense to homicide charge, victim's state of mind was relevant); State v. Crawford, 344 N.C. 65, 472

334 S.C. 75

S.E.2d 920 (1996) (in homicide trial, victim's state of mind was relevant to refute defendant's claim of self-defense and accident); see also State v. Shurn, 866 S.W.2d 447 (Mo.1993) (victim's statements of fear are relevant where defendant argues self-defense)

We find, however, that, while the decedent's state of mind was relevant, Hopper's and Estes' testimony concerning the victim's statements to them were not admissible under the state of mind exception.²

"`Hearsay' is a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted." Rule 801(c), SCRE. Hearsay is generally inadmissible. Rule 802, SCRE.

Rule 803, SCRE, provides, in part, as follows:

The following are not excluded by the hearsay rule:

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