From Casetext: Smarter Legal Research

State v. Henry

Court of Appeals of South Carolina
May 10, 1993
432 S.E.2d 489 (S.C. Ct. App. 1993)

Summary

stating the defendant must be given the benefit of the doubt regarding the introduction of common scheme testimony where the admissibility was a close question

Summary of this case from State v. Kirton

Opinion

Opinion No. 2011

Heard March 24, 1993

Decided May 10, 1993

Appeal from Richland County William B. Traxler, Jr., Judge

Affirmed in part, reversed in part, and remanded.

Attorney General T. Travis Medlock, Chief Deputy Atty. Gen. Donald J. Zelenka, Asst. Attys. Gen. Harold M. Coombs, Jr., and Miller W. Shealy, Jr.; and Sol. Richard A. Harpootlian, Columbia, for appellant.

William F. Nettles, IV, of Savage, Royall Sheheen, Camden, for respondent.


Levern Henry (Henry) was indicated for sexual crimes against his step-daughter, Jenne Blount. At a pretrial hearing, the State made a motion to admit the testimony of an older step-daughter, Nayenda, and a younger step-daughter, Tenita, both of whom had allegedly been sexually abused by Henry. The trial court denied the State's motion. The State appeals. We affirm in part, reverse in part and remand.

FACTS

The facts, as proffered by the State, show that Henry abused his two other step-daughters over a period of years. The alleged abuse of Nayenda and Jenne consisted of a number of common elements including: viewing pornographic videos in the home, offering money to accomplish his objectives, touching in a sexually offensive manner, and threatening that if the victims did not participate, privileges would be withheld. Henry allegedly attempted to extend this abusive pattern to his youngest step-daughter, Tenita, but his progression was stopped when she disclosed his behavior to her mother. Shortly thereafter, the mother contacted the police, and Henry was arrested on February 19, 1991.

DISCUSSION

We review this appeal under State v. McKnight, 287 S.C. 167, 337 S.E.2d 208 (1985) overruling State v. Thomas, 275 S.C. 274, 269 S.E.2d 768 (1980), which provides in pertinent part:

A pre-trial order granting the suppression of evidence which significantly impairs the prosecution of a criminal case is directly appealable under S.C. Code Ann. § 14-3-330(2) (a) (1976).

Id. at 168, 337 S.E.2d at 209. Henry argues that the State can obtain a conviction without the subject testimony and, therefore, the exclusion of such evidence does not significantly impair the prosecution of the case. We disagree and hold that the suppression of the subject testimony would significantly impair the State's case. Accordingly, the pre-trial order is directly appealable.

Generally, evidence of prior offenses is not admissible to prove the crime for which the defendant is charged. E.g., State v. Lyle, 125 S.C. 406, 118 S.E. 803 (1923). If, however, evidence of prior bad acts is sufficiently similar to the offense charged, it may be admitted if its probative value clearly outweighs its prejudicial effect. State v. Hallman, 298 S.C. 172, 379 S.E.2d 115 (1989); State v. McClellan, 283 S.C. 389, 323 S.E.2d 772 (1984). See also State v. Simmons, ___ S.C. ___, ___, 427 S.E.2d 175 (1993) (evidence of other crimes admissible under Lyle as tending to establish intent).

We hold that the testimony of the oldest step-daughter, Nayenda, is clearly admissible under Lyle. Both Jenne and Nayenda experienced similar acts of abuse from the defendant which occurred in the same places and during the same time frame. We hold that the probative value of Nayenda's testimony substantially outweighs any danger of unfair prejudice. Thus, her testimony falls within the Lyle common scheme exception.

In State v. Rogers, 293 S.C. 505, 362 S.E.2d 7 (1987), the Supreme Court held that the testimony of the victim's sister, regarding other abusive conduct by the defendant, did not tend to show a common scheme because the acts were dissimilar from the offense charged and occurred ten years apart. We distinguish Rogers from the present case based on the similarity in character and time of the alleged crimes.

The testimony of the youngest step-daughter, Tenita, is a much closer question. Tenita was not subjected to the alleged abusive conduct to the extent of her sisters. The crimes committed on Jenne and Tenita are not "so related to each other that proof of one tends to establish the other." State v. Wilson, 274 S.C. 635, 637, 266 S.E.2d 426, 427 (1980), citing State v. Lyle, 125 S.C. 406, 118 S.E. 803 (1923). There must be a connection between the crime charged and the prior bad act or the accused should be given the benefit of the doubt. State v. Rivers, 273 S.C. 75, 254 S.E.2d 299 (1979). Accordingly, we hold that Tenita's testimony should be excluded to prevent undue prejudice.

Thus, we hold that the trial court erred in suppressing the testimony of Nayenda, and reverse and remand for further proceedings consistent with this decision. We affirm the trial court's exclusion of the testimony of Tenita as insufficiently related to the crimes charged.

For the foregoing reasons, we affirm in part, reverse in part and remand.

Affirmed in part, reversed in part and remanded.

SHAW and BELL, JJ., concur.


Summaries of

State v. Henry

Court of Appeals of South Carolina
May 10, 1993
432 S.E.2d 489 (S.C. Ct. App. 1993)

stating the defendant must be given the benefit of the doubt regarding the introduction of common scheme testimony where the admissibility was a close question

Summary of this case from State v. Kirton

giving the accused the benefit of the doubt where the admissibility of the evidence is a close case

Summary of this case from State v. Tutton

stating the defendant must be given the benefit of the doubt regarding the introduction of common scheme testimony where the admissibility was a close question

Summary of this case from State v. Tutton

In State v. Henry, 313 S.C. 106, 432 S.E.2d 489 (Ct.App. 1993), this Court held Nayenday's testimony was admissible, but Tinita's testimony was properly excluded.

Summary of this case from State v. Henry
Case details for

State v. Henry

Case Details

Full title:The STATE, Appellant v. Levern HENRY, Respondent

Court:Court of Appeals of South Carolina

Date published: May 10, 1993

Citations

432 S.E.2d 489 (S.C. Ct. App. 1993)
432 S.E.2d 489

Citing Cases

State v. Tutton

As stated in Lyle, "if the court does not clearly perceive the connection between the extraneous criminal…

State v. McCombs

I am denying the request for the 404(b) analysis.... The State appeals pursuant to State v. Henry, 313 S.C.…