Page:Walls v. State (1999).pdf/16

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"T C: Yes." This testimony was background information related to one of the victim's family life. The witness made no mention of the Stockses' family deaths. She made no effort to disparage appellant but merely recounted family history to help make meaningful a victim's experience. That particular victim had been raped and abused by appellant repeatedly over at least nine years. He also testified on his own behalf and was subject to cross-examination. Based upon this family background, Dorothy Stocks and witness Annie Mae Harris testified about how the victim suffered for reasons they could not discern, of how he changed and how the family suffered as the victim tried to carry the burden of the severe abuse he dared not and could not bring himself to mention. Their testimony was relevant to appellant's sentencing to the extent it related directly to familial consequences flowing from Walls's sexual violation of their grandson. Given this context, I cannot say the trial judge abused his discretion in allowing the background testimony.

It is apparent from the record in this case that appellant's sentencing hearing was handled less than optimally by both bench and bar. Appellant's counsel did not object, as the majority notes, to testimony from Reverend Marble regarding the Stockses' deaths. Additionally, appellant's own counsel's cross-examination of victim Heath Stocks deals directly with the issue of responsibility for the Stockses' murders. Numerous other times potentially inadmissible evidence was entered without objection. In order to gain reversal of the trial court, appellant carries the burden of demonstrating that the trial court committed prejudicial error. I do not believe he has done so. I therefore, respectfully dissent.

G and C, JJ., join.