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Smith v. State12/22/2000
nsidering this assertion in the context of the evidence presented to the jury, it is based on contingencies that are highly improbable. Thus, we give this assertion no persuasive effect.
Moreover, the trial court properly instructed the jury on the purpose for which it could consider the evidence of the appellant's prior convictions, i.e., the jury was instructed that the prior convictions could be considered only for impeachment and not as substantive evidence that the appellant committed the crime charged.
XIV.
The appellant contends that the prosecutor should not have attempted to impeach the prosecution's witness Miranda Felder. Felder testified that, on the night of the murder, the appellant, whom she had not known long and was not friends with, and Lekina Smith arrived at her mother's house. She further testified that the appellant asked her to "hold" a rifle for him; that she took the rifle into the house and put it in her brother's room under his bed; that sometime later, detectives arrived and asked her about the rifle; that she told them it was in the house; and that the detectives found the rifle wrapped in a towel in the attic ceiling. On redirect examination, the following occurred:
"Q. [Prosecutor]: ... ere you arrested when the police came and asked about the rifle, and you said that you told them it was under your brother's bed, didn't you get arrested?
"MR. MEREDITH: Objection, your Honor, it's irrelevant.
"THE COURT: Overruled.
"Q. You were arrested, weren't you, ma'am?
"A. [Felder]: Yes, sir.
"Q. And your brother or your mama or anybody else in the house wasn't arrested, were they?
"A. No, sir." (R. 1106-07.) Felder was prosecuted as a juvenile for hindering prosecution of the appellant. At the time of trial, she had completed her sentence.
Initially, we note that, although the appellant argues on appeal that eliciting evidence of Felder's arrest was error because juvenile proceedings may not be used to impeach a witness, Ala.R.Evid. 609(d), his objection at trial was based only on a relevancy ground. He argues this issue on appeal in terms of using a juvenile proceedings to impeach a prosecution witness.
We seriously doubt that the prosecutor was attempting to impeach Felder generally by showing her juvenile record; however, if his question did rise to the level of impeachment, it is arguable that the error, if any, would have benefited the appellant.
Moreover, considering Felder's inculpatory testimony concerning her part in hiding the murder weapon and the facts concerning the discovery of it by the police, any testimony concerning her arrest arising from her participation would be insignificant. The testimony complained of here did not prejudice the appellant. We find no merit in this contention.
XV.
The appellant raises a number of issues involving prosecutorial misconduct. He contends that the prosecutor wrongfully injected facts into the case, led witnesses, misstated the law, and made improper comments and arguments to the jury. He did not object to many of the instances he now alleges were misconduct. In these instances, we will consider whether the prosecutor's conduct constituted plain error. The prosecutor's duty in a criminal prosecution is to seek justice, and although the prosecutor should prosecute with vigor, he or she should not use improper methods calculated to produce a wrongful conviction. Berger v. United States, 295 U.S. 78 (1935). The use of such methods is a ground for reversal of a conviction if it results in an unfair trial in violation of the Due Process Clause.
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