Page 712
APPEAL
FROM THE CRAIGHEAD COUNTY CIRCUIT COURT, WESTERN DISTRICT
[NO. 16JCR-17-461], HONORABLE PAMELA HONEYCUTT, JUDGE
Terry
Goodwin Jones, for Appellant.
Leslie
Rutledge, Atty Gen., by: Chris R. Warthen, Asst Atty Gen.,
for Appellee.
OPINION
ROBERT
J. GLADWIN, Judge
Appellant Noah Wright appeals his conviction by a Craighead
County Circuit Court jury of first-degree battery. He argues
that the circuit court erred when it relied on Arkansas Rule
of Evidence 403 (2018) to unfairly limit his
cross-examination of a material witness. We affirm.
I.
Facts
On
April 7, 2017, appellant was arguing with his girlfriend,
Tiffany Painter, after she had returned to appellants
residence with her child after picking her up from the home
of her estranged husband, Danny Painter. While arguing,
appellant threw Tiffany down by the throat, demanded that she
leave, and made various threats toward Danny. Danny responded
to a phone call from Tiffany, picked Tiffany and their child
up on the road as they were walking away from appellants
residence, and returned with them to appellants residence to
pick up Tiffanys clothes.
Upon
arriving, Tiffany and appellant resumed arguing. Danny exited
the vehicle and stepped between the two of them. Although
there is contradictory evidence as to who threw the first
punch, at some point, appellant struck at Danny with a knife
he had clenched in his hand, causing the knife to slash
Dannys neck.[1] After telling other individuals inside
the residence that he had cut Danny, appellant left the
premises and disposed of the knife.
On May
8, 2017, a criminal information was filed charging appellant
with battery; aggravated assault on a family or household
member; commercial burglary; theft of property (value greater
than $1,000 but equal to or less than $5,000); and
first-degree criminal mischief (damage less than or equal to
$1,000), all as a habitual offender, related to two incidents
that allegedly occurred within a few hours on April 7-8,
2017. At a hearing on September 4, 2018, the charges of
aggravated assault and battery related to the altercation
with Danny were severed by the circuit court for separate
trial, which was held on September 6, 2018.
Page 713
At
trial, during the direct examination of Danny, the State
introduced his medical records, and those records were
admitted into evidence without objection. Danny confirmed
that he was familiar with the records and subsequently
testified regarding his medical diagnosis— specifying
his injury as "a 10-centimeter laceration deep to the
left upper neck from post-articular to anterior to left angle
of mandible with rapid bleeding." The State also asked
Danny to comment on his wounds and the effects of specific
medical assessments.
During
cross-examination, appellants attorney attempted to question
Danny about whether (1) he had been drinking beer on the
night of the incident; (2) a blood test was performed at the
hospital; and (3) he was familiar with the results of any
such blood-alcohol test contained in his medical records that
had previously been admitted into evidence. Appellants
attorney claimed that he wanted Danny to read to the jury the
results of a blood test from the hospital regarding his
blood-alcohol concentration.
The
State objected, arguing that the records had been admitted
and that any personal interpretation of what the report
states would be inappropriate. The State suggested that the
only reason to read any part of the report would be to lead
the jury to draw inferences that would be based on facts ...