Edwards v. Stills

Ray Thornton, Justice, dissenting. In this case, we are asked to determine what degree of insanity must be proved by a defendant in order to avoid punitive damages for his outrageous acts against a victim. There is no question that a perpetrator is hable for the injury he inflicts and can be held accountable for both the actual and compensatory damages which result from his actions, regardless of his mental capacity. However, as pointed out by the majority, punitive damages are justified only when the acts are committed wantonly or with such conscious indifference to the consequences of the acts that malice may be inferred. J. B. Hunt Transp., Inc. v. Doss, 320 Ark. 660 , 899 S.W.2d 464 (1995).

The majority also notes that in cases decided in other jurisdictions, a requirement has been established that, in order to justify punitive damages, the plaintiff must show that the defendant “was not insane at the time of the wrongs complained of, but was mentally competent and that he had legal capacity to commit the acts alleged with such elements of aggravation as would justify the award of punitive damages.” Bryant v. Carrier, 198 S.E. 619 (N.C. 1938).

In my view, the plaintiff s burden of proof to show that the defendant had the capacity to form a rational intent, as required to justify the award of punitive damages in a civil case, should not be the same as that degree of proof required of a defendant in order to establish legal insanity as an affirmative defense in a criminal action. This question is one of first impression, and the majority opinion will resolve the issue.

However, I write to express my disagreement with the conclusion reached by the majority regarding the admissibility of Ken Edwards’s testimony concerning a prior bad act committed by the defendant. The defendant presented substantial expert testimony and other evidence that he was suffering from psychosis and delusions that drove him to commit the acts against Stills. The defendant contends he was a delusional person who could not form a rational intent as required to support an award of punitive damages. See Preferred Risk Mut. Ins. Co. v. Saboda, 489 So. 2d 768 (Fla. Dist. Ct. App. 1986). To counter this evidence of mental incapacity, Stills introduced evidence, over defendant’s objections, of a previous bad act committed by Edwards against his nephew, Ken Edwards.

The majority correctly points out that Diffee v. State, 319 Ark. 669 , 894 S.W.2d 564 (1995) establishes the correct standard for allowing evidence of a prior bad act to show method of operation. Here, we are not concerned with method of operation, but are concerned with intent or motive. However, as we stated in Diffee, the witness’s testimony did not pass the requirements of Ark. R. Evid. 404(b) absent specific threats or other evidence of an intent or plan to inflict harm or take his life. Diffee at 679, 570 (emphasis added). We clearly pointed out in Abernathy v. State, 325 Ark. 61 , 925 S.W.2d 380 (1996), that while the erroneously admitted evidence in Diffee was offered to show method of operation, the requirement of similarity in circumstances between the uncharged misconduct and the charged crime also applies when the State (or, parallel to this, the plaintiff) offers the evidence to prove intent or the absence of mistake. Abernathy at 64-65 (emphasis added). In the instant case, the majority claims that the incidents involving Ken Edwards and Stills are very similar. The differences in the two incidents include: location, choice of weapon, and method of restraint. Because of these and many other differences, I believe the evidence of this prior bad act fails to meet the first test as set out in Dffee which states that both acts must be committed with the same or strikingly similar methodology. Diffee at 675 . Additionally, there was no evidence shown that Edwards made any type of specific threat against Stills during his assault on Ken. I do not read Ark. R. Evid. 404(b) to say that motive or intent is shown just because specific threats were made to each victim. If Edwards had made threats against Stills to Ken, then the prior bad act might go to show intent or motive to inflict harm upon Stills.

Arkansas Rules of Evidence Rule 404(b) provides:

Other Crimes, Wrongs, or Acts. Evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show that he acted in conformity therewith. It may, however, be admissible for other purposes, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident.

Ark. Rule. Evid. 404(b) (1998)(emphasis supplied).

In my view, the trial court committed reversible error in allowing the admission of evidence that, seven months before the outrageous assault upon Stills, Edwards had lured his nephew, Ken Edwards, to a warehouse where he assaulted him in a berserk manner, accusing him of having an affair with his wife, and of conspiring to kill him.

I fail to see how Edwards’s actions against this third person go to show intent or motive to hurt Stills, or his mental capacity or lack of mental capacity to rationally conduct such outrageous behavior. Simply because Edwards assaulted Ken, does not show any intent to hurt Stills. Even if the testimony showed that seven months earlier Edwards had the necessary intent to assault Ken, it does not follow that Edwards had the intent, or could form the intent seven months later, to hurt Stills.

In Rowdean v. State, 280 Ark. 146 , 655 S.W.2d 413 (1983) the appellant was convicted of first degree murder for shooting a man outside a nightclub. Evidence was admitted to show that earlier in the same night the appellant pulled a gun on a patron of a drive-in. We held that the testimony should not have been admitted into evidence because it was wholly unrelated to the second event. Likewise, the Court of Appeals held in Lincoln v. State, 12 Ark. App. 46 , 670 S.W.2d 819 (1984), that evidence that the appellant had an argument with another man, and waved a pistol around during the argument earlier in the same evening that the shooting occurred should not have been admitted, since it was unrelated to the shooting and was, therefore, irrelevant.

We held in Starling v. State, 301 Ark. 603 , 786 S.W.2d 114 (1990), that testimony that the defendant had used physical force against his wife, threatened to kill her with a gun, and abused his wife was admissible to show motive, intent, or plan to kill his wife. Id. at 605 (emphasis supplied).

The rule seems to be that when the prior bad act was directed toward the victim and not to a third party it could be admissible, but when the prior bad act is directed against a third party it is not admissible. I cannot agree with the majority’s conclusion that Edwards’s actions against his nephew show intent or motive to hurt Stills. The only effect this evidence had was to inflame the jury by showing that Edwards had committed a somewhat similar bad act several months prior. Any probative value of this evidence was substantially outweighed by the danger of unfair prejudice. Thus, the evidence was inadmissible under Ark. R. Evid. 403.

Because I believe that the admission of this evidence was in violation of Ark. R. Evid. 404(b) and 403, and was reversible error, and because of my misgivings about the standard of mental competency required to form the intent necessary to sustain an award of punitive damages in a civil action, I respectfully dissent.