Page:Walls v. State (1999).pdf/4

Rh introduced his victims to weapons, alcohol, pornography, and sexual acts with him. The focal point of the hearing was testimony relating to the impact of Walls's actions, and the rapes in particular, on the lives of the boys.

[1] Our sentencing law provides that in the sentencing phase of the trial, evidence relevant to sentencing may include victim-impact evidence and statements. See Ark. Code Ann. § 16-97-103(4) (Supp. 1997). The sentencing statute further provides that relevant character evidence and evidence of aggravating and mitigating circumstances may be allowed. See Ark. Code Ann. § 16-97-103(5) & (6). Our caselaw has primarily dealt with the relevancy of victim-impact evidence in the context of a murder victim. See, e.g., Noel v. State, 331 Ark. 79, 960 S.W.2d 439 (1998); Hicks v. State, 327 Ark. 727, 940 S.W.2d 855 (1997); Kemp v. State, 324 Ark. 178, 919 S.W.2d 943 (1996); Nooner v. State, 322 Ark. 87, 907 S.W.2d 677 (1995). In Noel v. State, for example, we stated that relevant victim-impact evidence is evidence that informs the jury of the toll of the murder on the victim's family. Citing Payne v. Tennessee, 501 U.S. 808 (1992), we said in Noel that when victim-impact evidence is unduly prejudicial, it may render the trial fundamentally unfair and violate the Due Process Clause.

[2] We begin our analysis by noting that the circuit judge was in error when he twice overruled objections by defense counsel and stated that the rules of evidence do not apply to sentencing hearings or to victim-impact evidence in particular. In 1994, we held that the evidence listed in § 16-97-103, including victim-impact evidence, "must be governed by our rules of admissibility and exclusion; otherwise, these proceedings would not pass constitutional muster." Hill v. State, 318 Ark. 408, 413, 887 S.W.2d 275, 278 (1994).

We turn then to whether testimony was received and weighed by the circuit judge in sentencing that was irrelevant and whether prejudice resulted. Prior to Walls's sentencing hearing, one of his victims, Heath Stocks, had been convicted of murdering his mother, father, and sister. Heath pled guilty and was sentenced to life in prison without parole. At Walls's sentencing