Opinion

Dockery v. State

  • 659 So. 2d 219
  • 1994 WL 575990
Court
Court of Criminal Appeals of Alabama
Filed
Oct 21, 1994
Status
Published
Author
Bowen
On the bench
Bowen, Patterson
Cited by
5 cases

The opinion

Mrs. Stasco, a defense witness — not the prosecutor — first brought up the idea of "trust," thereby implying something about the appellant's character: that he could be trusted alone with children. When the witness responded that she knew nothing of the appellant's "messing with" a child, the prosecutor was entitled to impeach the witness by inquiring whether she was aware he had previously been convicted of sexual abuse.

Evidence of the appellant's prior conviction was not, therefore, merely an "attempt to show Dockery's bad character and propensity to commit the crime of sexual abuse," as the majority asserts, but was an attempt to "dispel the 'image' created by the testimony given [by Mrs. Stasco] on behalf of the [appellant]" that he could be trusted with children. 1A Wigmore, Evidence § 58.2 at 1230 n. 7 (Tillers rev. 1983).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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