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State v. Bauer1/15/2002
its discretion by denying Bauer's motion for a mistrial for the erroneous admission of "other crimes" evidence?
The determination of whether evidence is relevant and admissible is left to the sound discretion of the trial judge and will not be overturned on appeal absent a showing of abuse of discretion. State v. Hansen, 1999 MT 253, 20, 296 Mont. 282, 20, 989 P.2d 338, ; State v. Weeks (1994), 270 Mont. 63, 80, 891 P.2d 477, 487-88. Relevant evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice. Rule 403, M.R.Evid. Whether the probative value is outweighed by the prejudicial effect is within the trial court's discretion. State v. Langford (1994), 267 Mont. 95, 103, 882 P.2d 490, 495. A district court abuses its discretion when it "acts arbitrarily without conscientious judgment or exceeds the bounds of reason resulting in substantial injustice." State v. Richardson, 2000 MT 72, 24, 299 Mont. 102, 24, 997 P.2d 786, 24.
In response to Bauer's motion in limine, the District Court barred mention at trial by the prosecution of Bauer's felony convictions in 1991 and 1996. However, the court also ruled that the fact of Bauer's lengthy prior prison internment and his status as a probationer when he visited Amanda in Anaconda were admissible as part of the transaction.
To comply with the court's ruling, the State redacted the portions of two travel permits that listed Bauer's actual felony offenses. Bauer objected to the admission of the travel permits after they had been shown to the jury at trial because, while the specific felony convictions had been redacted on the forms, the defense realized the State failed to black-out the dates that the felony sentences would expire. The court sustained the objection, directed the State to redact the sentence expiration dates and offered to instruct the jury to disregard any reference to Bauer's prior felony convictions on the travel permits. Defense counsel agreed that a corrective instruction would only draw more attention to the prior felonies and moved for a mistrial. The court denied the motion. On appeal, Bauer contends the fact that he was a probationer who served time in prison is highly prejudicial information that constitutes "other crimes" evidence that should only have come into evidence after appropriate notice under the Just rules.
The State argues that the rules governing "other crimes" evidence do not apply, and cites State v. Hayworth for the proposition that, "it is well established that evidence which tends to explain circumstances surrounding the charged offense is relevant, probative and competent." State v. Hayworth, 1998 MT 158, 32, 289 Mont. 433, 32, 964 P.2d 1, 32 (quoting State v. Wing (1994), 264 Mont. 215, 225, 870 P.2d 1368, 1374). The State cites the transaction rule, which provides "where the declaration, act, or omission forms part of a transaction which is itself the fact in dispute or evidence of that fact, such declaration, act, or omission is evidence as part of the transaction." Section 26-1-103, MCA. Because Bauer's history of imprisonment and his probationary status when he visited Amanda in Anaconda are inextricably linked to the circumstances surrounding the crimes charged, the State asserts the information is admissible. We agree.
In order for the jury to understand the context of the alleged incest, Amanda needed to explain that she had not seen or known her father because he had been incarcerated since she was a small child. Bauer's probationary status and his 17-year term in prison first came to the court's attention through the letters Bauer sent to Amanda and her mother days after the January 21
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