Page:Walls v. State (1999).pdf/8

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Before addressing the merits of whether Walls's culpability for the Stocks murders was irrelevant and unduly prejudicial victim-impact evidence, we must determine whether the issue was properly preserved for our review. The State contends that this evidence, at times, was allowed into evidence without objection, and, as a consequence, we cannot review it. We disagree.

[3, 4] We first consider it significant that the sentencing hearing was conducted before a judge, not a jury. We have emphasized many times in both civil and criminal cases that the circumstances of a bench trial are different with respect to relevant evidence because a judge is better equipped to sort out what is pertinent to the issue at hand. See, e.g., Stewart v. State, 332 Ark. 138, 964 S.W.2d 793 (1998); In Re Adoption of K.F.H., 311 Ark. 416, 844 S.W.2d 343 (1993); ''Rich Mountain Elec. Coop. v. Revels'', 311 Ark. 1, 841 S.W.2d 151 (1992). In Stewart, we addressed the situation where evidence in a bench trial had been contested by defense counsel by a motion in limine and the motion had been overruled. Unlike a jury trial, we held that subsequent objections to the testimony were not necessary:

In reaching this conclusion, we are not unmindful of two recent cases where we held that a contemporaneous objection is required in order to preserve for appeal issues that were raised in a motion in limine. Slocum v. State, 325 Ark. 38, 924 S.W.2d 237 (1996); Massengale v. State, 319 Ark. 743, 894 S.W.2d 594 (1995). We, however, find these cases distinguishable because they involved jury trials, instead of a bench trial as in this case. If a contemporaneous objection is not made at the time the evidence is offered during a jury rial, the proverbial bell will have been rung and the jury prejudiced. However, when the contested evidence is mentioned during a bench trial, there is no risk of prejudice because a trial judge is able to consider evidence only for its proper purpose.

Stewart, 322 Ark. at 143, 964 S.W.2d at 796. (Emphasis added.)

[5] In the case before us, defense counsel objected to the testimony of Heath Stocks's two grandmothers. Counsel contested the testimony of Dorothy Stocks, who was asked to give