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Dennis v. State5/31/2000
MEMORANDUM OPINION AND JUDGMENT
[No. 4222 - May 31, 2000]
Appeal from the Superior Court, First Judicial District, Juneau, Walter L. Carpeneti, Judge.
In the early morning hours of May 27, 1997, Jayson Steven Dennis and three other young men decided to roam the streets of Juneau and look for someone to beat up. Frederick Shewey had the misfortune to be walking alone when Dennis and his companions spotted him.
Dennis approached Shewey and asked him what time it was. When Shewey began to answer, Dennis struck him hard in the face, knocking him unconscious. Dennis and two of his companions then began hitting and kicking their unconscious victim. Dennis kicked Shewey in the head so forcefully that the tread of his shoe left a tattoo-like imprint on the side of Shewey's face. In addition, one of Dennis's companions stabbed Shewey in the side.
Following this assault, Dennis and his companions excitedly "high-fived" each other, congratulating themselves on their success. Dennis bragged about having knocked their victim unconscious with a single blow.
As a result of this assault, Shewey suffered serious brain damage. A half-year later, Shewey still had trouble walking, and he continuously experienced the sensation of falling. Shewey also had difficulty engaging in conversation because he would forget the topic of discussion.
Dennis was indicted for first-degree assault. Following a jury trial, he was convicted of the lesser offense of second-degree assault. Superior Court Judge Walter L. Carpeneti sentenced Dennis to 10 years' imprisonment with 3 years suspended (7 years to serve).
In this appeal, Dennis asserts that he was denied a fair trial because he was not allowed to introduce evidence that Shewey himself had committed heinous crimes in the past. Dennis also claims that, under the instructions that the jury received, there is a substantial chance that the jurors failed to unanimously agree as to what crime Dennis committed. Finally, Dennis argues that his sentence is excessive.
For the reasons explained here, we reject each of Dennis's claims, and we therefore affirm his conviction and his sentence.
Judge Carpeneti's refusal to let Dennis introduce evidence that Shewey had committed serious crimes in the past
Although Shewey was an innocent victim in this case, he had committed grave crimes in the past. In 1978, Shewey raped and then killed a nine-year-old girl whom he found walking along a trail in the woods. He ultimately pleaded guilty to second-degree murder, and he served 15 years in prison.
Before Dennis's trial began, Judge Carpeneti issued a protective order that barred mention of Shewey's criminal past unless the defense showed that this evidence was relevant. Following the testimony of a State's witness, Dennis asked Judge Carpeneti to re-assess the admissibility of this evidence.
Pauline Lloyd, a close friend of Shewey's, testified concerning Shewey's condition before and after the assault. When she was asked how Shewey had changed, Lloyd responded that Shewey had been "like a knight in shining armor, always ready to help the weak and the innocent", but that after the attack he had become "weak and innocent himself - not brave like he used to be."
Because Lloyd's response contained her assessment of Shewey's character as well as his physical condition, Dennis's attorney argued that Lloyd could now be cross-examined concerning Shewey's past - a past which tended to show that he was not a person of good character. The defense attorney did not argue that Shewey's character was relevant in itself; rather, Dennis's a
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