 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Young5/2/2005
mes for which he was sentenced, and in so doing, 'opened the door' to all crimes for which he was incarcerated, including the crime of carrying a concealed weapon."); State v. Kennedy, 143 S.C. 318, 141 S.E. 755 (1928) (finding the trial court properly permitted the State to question victim on the details of previous difficulties victim had with defendant where defendant had first questioned the victim on the details of the prior difficulties); State v. Bramlett, 114 S.C. 389, 103 S.E. 755 (1920) (ruling the State may offer rebutting evidence of the defendant's family's reputation for insanity where defendant offers evidence of his family's reputation for insanity); State v. Marks, 70 S.C. 448, 50 S.E. 14 (1905) (mentioning the opening the door theory); State v. Trotter, 317 S.C. 411, 415, 453 S.E.2d 905, 908 (Ct. App. 1997) (citing Benton & Rhodes, Inc. v. Boden, 310 S.C. 400, 426 S.E.2d 823 (Ct. App. 1993) for the proposition that "there is no error in admitting evidence where the appellant opened the door to the evidence") aff'd as modified by State v. Trotter, 322 S.C. 537, 473 S.E.2d 452 (1996).
Adverting to the case sub judice, Young's testimony is replete with statements that connote character traits antithetical to the character evinced by his prior convictions of criminal domestic violence and criminal sexual conduct. Most poignant is his statement: "like I told my lawyer, I hate to see a female cry." Yet the denouement of this case need not hang on the lone phrase "I hate to see a female cry"; throughout his testimony, Young characterized himself as a benefactor and protector of women generally and of the victim particularly. His testimony demonstrates a concerted attempt to paint himself as a gallant man with the victim's best interest and safety always on his mind.
Young testified he told the other drug dealers, "I don't want nobody bothering her," and he told the victim to "lock your windows . . . . Don't talk to nobody." He expanded his expressions of concern for the victim to all women when he asseverated: "I hate to see a female cry." In addition to these physical and emotional concerns, Young related disquietude over the victim's chastity, saying she should not have to "belittle" herself, and telling her he would be "just as wrong if I allowed myself to let you go through this right here [perform sexual favors on him]."
Because Young set before the jury his concern for the victim's safety and chastity, the State was entitled to rebut his assertions with evidence of his prior abuse and the criminal results of his concupiscence. Young opened the door to the convictions for criminal domestic violence and criminal sexual conduct.
II. Racially Biased Comments
Young claims the trial court erred in allowing the solicitor to ask Young racially inflammatory questions. During cross-examination of Young, the State asked, "Mr. Young, isn't it also true that you like going out and being with white women?" Young admitted that he has a child with a Caucasian woman. The State then asked Young if he "prefer being with white women."
We find this argument is not preserved for our review. The lack of a contemporaneous objection to an improper argument acts as a wavier, except where a "vicious, inflammatory argument results in clear prejudice." Toyota of Florence, Inc. v. Lynch, 314 S.C. 257, 263, 442 S.E.2d 611, 615 (1994). While the Toyota court did not condone a failure to make a contemporaneous objection, it found it "wholly unreasonable for any attorney to anticipate" flagrant, abhorrent conduct towards a party or witness. Id.
However, the issue must be raised to the trial court by way of a post-trial motion. Dial v. Nigg
Page 1 2 3 4 5 6 7 8 9 10 11 South Carolina DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|