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Kluck v. State9/28/2000
ave broad discretion in determining the admissibility of evidence and will only be reversed when that discretion is abused and the abuse of discretion resulted in prejudice to a defendant. State v. Jacoway, 11 S.W.3d 793, 796 (Mo. App. W.D. 1999). In this case, Movant's attorney, in cross-examining the director of the regional crime lab, inquired about the results of blood tests performed on Ms. Drury. In response to an objection from the State, he argued that the test results would go to her state of mind at the time of the shooting, and would permit the jury to draw their own conclusions about "what influences she was under at the time of the shooting." In sustaining the State's objection, the trial court stated, among other things, that it had concerns about the relevancy of the evidence to the issue of whether or not Movant shot Ms. Drury. It also noted that there was evidence already in the case that she and Movant were drinking, and that Ms. Drury was intoxicated. Movant's trial attorney then made an offer of proof concerning the contents of Ms. Drury's blood and urine following the shooting, during which the witness said that the blood showed caffeine, Valium, and approximately .18% alcohol.
In Jacoway, there was an issue about whether the trial court erred in rejecting evidence that the decedent had a blood alcohol content of .186%. The defendant contended that the evidence was relevant to whether he (the defendant) acted under the influence of sudden passion caused by the actions of the intoxicated decedent. The appellate court held that it was not error to refuse the evidence, noting that trial courts have broad discretion regarding the admissibility of evidence. 11 S.W.3d at 796. The reason they are given such broad discretion to exclude marginally relevant evidence is "because of concerns about prejudice, confusion of the issues, and interrogation that is only marginally relevant." Id. The court said that evidence of the decedent's blood alcohol content would directly show only that he was intoxicated, which does not necessarily mean that he was violent. Id. at 797.
In this case, Movant argues that the evidence was important "to the defense of suicide because it could have shown Ms. Drury to be despondent." He concludes that if the issue had been argued on the direct appeal, "this Court would surely have remanded the case for a new trial." This argument ignores, however, the discretion vested in the trial court concerning the admissibility of evidence. Here, we are unable to conclude that this issue would have required a reversal. This is especially true, considering the fact that other evidence before the jury indicated that Ms. Drury had been drinking and appeared to be intoxicated before she died. As in Jacoway, the evidence of Ms. Drury's blood content "could reasonably be considered cumulative and of marginal relevance." Id. at 797. The motion court was not clearly erroneous in denying this claim for relief. This point is denied.
We affirm the denial of Movant's post-conviction motion.
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