State v. Vance
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The Supreme Court affirmed the court of criminal appeals' judgment affirming Defendant's conviction for one count of second degree murder, an alternative count of first degree felony murder, especially aggravated robbery, and three counts of aggravated assault, holding that, while the trial court erred in admitting certain testimony, substantial justice did not require that plain error relief be granted.
At issue was whether the trial court committed reversible error in allowing the State to elicit testimony about a statement made by a non-testifying codefendant whose trial was severed and whose statements were the subject of a motion in limine granted by the trial court. After he was convicted, Defendant filed a motion for new trial, arguing that the trial court erred in concluding that the doctrine of curative admissibility permitted the testimony and, for the first time, raising a contention that the testimony violated his constitutional right of confrontation. The court of criminal appeals affirmed. The Supreme Court affirmed, holding (1) the testimony should not have been allowed, but Defendant was not entitled to plain error relief on his claim that the trial court violated his constitutional rights of confrontation by permitting the testimony; and (2) Defendant was not entitled to relief on the claims he preserved for plenary review.
Court Description:
Authoring Judge: Chief Justice Jeffrey S. Bivins
Trial Court Judge: Judge J. Randall Wyatt
We granted permission to appeal to the Defendant, Alexander R. Vance, to determine whether the trial court committed reversible error by permitting the State to elicit testimony about a statement made by a non-testifying codefendant whose trial was severed and whose statements were the subject of a motion in limine the trial court had granted. The trial court permitted the testimony after determining that defense counsel had opened the door during cross-examination and that the doctrine of curative admissibility permitted the testimony in order to correct a misleading impression created by the cross-examination. The defense objected to the testimony on various grounds. Those grounds did not include constitutional claims under the state and federal confrontation clauses. After the close of proof, the jury convicted the Defendant of one count of second degree murder, an alternative count of first degree felony murder, especially aggravated robbery, and three counts of aggravated assault. The trial court merged the second degree murder conviction into the first degree murder conviction and imposed an effective sentence of life imprisonment plus twenty-one years. In his motion for new trial, the Defendant reiterated his arguments against the admission of the curative testimony and raised for the first time a contention that the testimony violated his constitutional rights of confrontation. The Court of Criminal Appeals affirmed the trial court’s judgments. Applying plain error review to the Defendant’s constitutional claims, we hold that, while the trial court erred in admitting the contested testimony, substantial justice does not require that plain error relief be granted. We also hold that the Defendant is not entitled to relief on the claims he preserved for plenary review. Accordingly, we affirm the judgment of the Court of Criminal Appeals.
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