OPINION OF THE COURT
HOLMES V. SOUTH CAROLINA
547 U. S. ____ (2006)
SUPREME COURT OF THE UNITED STATES
NO. 04-1327
BOBBY LEE HOLMES, PETITIONER
v. SOUTH
CAROLINA
on writ of certiorari to the supreme court of south
carolina
[May 1, 2006]
Justice Alito delivered the
opinion of the Court.
This case presents the question
whether a criminal defendant’s federal constitutional rights are
violated by an evidence rule under which the defendant may not
introduce proof of third-party guilt if the prosecution has
introduced forensic evidence that, if believed, strongly supports a
guilty verdict.
I
On the morning of December 31,
1989, 86-year-old Mary Stewart was beaten, raped, and robbed in her
home. She later died of complications stemming from her injuries.
Petitioner was convicted by a South Carolina jury of murder,
first-degree criminal sexual conduct, first-degree burglary, and
robbery, and he was sentenced to death.
State v.
Holmes, 320 S. C. 259, 262, 464 S. E. 2d 334,
336 (1995). The South Carolina Supreme Court affirmed his
convictions and sentence, and this Court denied certiorari.
Ibid., cert. denied,
517 U. S. 1248 (1996).
Upon state postconviction review, however, petitioner was granted a
new trial. 361 S. C. 333, 335, n. 1, 605 S. E. 2d 19, 20,
n. 1 (2004).
At the second trial, the
prosecution relied heavily on the following forensic evidence:
“(1) [Petitioner’s] palm print was found just above
the door knob on the interior side of the front door of the
victim’s house; (2) fibers consistent with a black sweatshirt owned
by [petitioner] were found on the victim’s bed sheets; (3) matching
blue fibers were found on the victim’s pink nightgown and on
[petitioner’s] blue jeans; (4) microscopically consistent fibers
were found on the pink nightgown and on [petitioner’s] underwear;
(5) [petitioner’s] underwear contained a mixture of DNA from two
individuals, and 99.99% of the population other than [petitioner]
and the victim were excluded as contributors to that mixture; and
(6) [petitioner’s] tank top was found to contain a mixture of
[petitioner’s] blood and the victim’s blood.”
Id., at 343,
605 S. E. 2d, at 24.
In addition, the prosecution introduced evidence
that petitioner had been seen near Stewart’s home within an hour of
the time when, according to the prosecution’s evidence, the attack
took place.
Id., at 337–338, 343, 605 S. E. 2d, at
21, 24.
As a major part of his defense, petitioner
attempted to undermine the State’s forensic evidence by suggesting
that it had been contaminated and that certain law enforcement
officers had engaged in a plot to frame him.
Id., at 339,
605 S. E. 2d, at 22. Petitioner’s expert witnesses criticized
the procedures used by the police in handling the fiber and DNA
evidence and in collecting the fingerprint evidence. App. 299–311,
313–323. Another defense expert provided testimony that petitioner
cited as supporting his claim that the palm print had been planted
by the police.
Id., at 326–327.
Petitioner also sought to introduce proof that
another man, Jimmy McCaw White, had attacked Stewart. 361
S. C., at 340, 605 S. E. 2d, at 22. At a pretrial
hearing, petitioner proffered several witnesses who placed White in
the victim’s neighborhood on the morning of the assault, as well as
four other witnesses who testified that White had either
acknowledged that petitioner was “ ‘innocent’ ” or had
actually admitted to committing the crimes.
Id., at
340–342, 605 S. E. 2d, at 22–23. One witness recounted that
when he asked White about the “word … on the street” that White was
responsible for Stewart’s murder, White “put his head down and he
raised his head back up and he said, well, you know I like older
women.” App. 119. According to this witness, White added that “he
did what they say he did” and that he had “no regrets about it at
all.”
Id., at 120. Another witness, who had been
incarcerated with White, testified that White had admitted to
assaulting Stewart, that a police officer had asked the witness to
testify falsely against petitioner, and that employees of the
prosecutor’s office, while soliciting the witness’ cooperation, had
spoken of manufacturing evidence against petitioner.
Id.,
at 38–50. White testified at the pretrial hearing and denied making
the incriminating statements. 361 S. C., at 341–342, 605
S. E. 2d, at 23. He also provided an alibi for the time of the
crime, but another witness refuted his alibi.
Id., at 342,
605 S. E. 2d, at 23.
The trial court excluded petitioner’s
third-party guilt evidence citing
State v.
Gregory, 198 S. C. 98, 16 S. E. 2d 532 (1941),
which held that such evidence is admissible if it “ ‘raise[s]
a reasonable inference or presumption as to [the defendant’s] own
innocence’ ” but is not admissible if it merely
“ ‘cast[s] a bare suspicion upon another’ ” or
“ ‘raise[s] a conjectural inference as to the commission of
the crime by another.’ ” App. 133–134 (quoting
Gregory,
supra, at 104, 16 S. E. 2d, at
534). On appeal, the South Carolina Supreme Court found no error in
the exclusion of petitioner’s third-party guilt evidence. Citing
both
Gregory and its later decision in
State v.
Gay, 343 S. C. 543, 541 S. E. 2d 541 (2001), the
State Supreme Court held that “where there is strong evidence of an
appellant’s guilt, especially where there is strong forensic
evidence, the proffered evidence about a third party’s alleged
guilt does not raise a reasonable inference as to the appellant’s
own innocence.” 361 S. C., at 342–343, 605 S. E. 2d, at
24. Applying this standard, the court held that petitioner could
not “overcome the forensic evidence against him to raise a
reasonable inference of his own innocence.”
Id., at 343,
605 S. E. 2d, at 24. We granted certiorari. 545 U. S. ___
(2005).
II
“[S]tate and federal rulemakers
have broad latitude under the Constitution to establish rules
excluding evidence from criminal trials.”
United States v.
Scheffer, 523 U. S. 303, 308
(1998); see also
Crane v.
Kentucky, 476 U. S. 683, 689–690
(1986);
Marshall v.
Lonberger, 459 U. S. 422, 438, n. 6
(1983);
Chambers v.
Mississippi, 410 U. S. 284, 302–303
(1973);
Spencer v.
Texas, 385 U. S. 554, 564
(1967). This latitude, however, has limits. “Whether rooted
directly in the Due Process Clause of the Fourteenth Amendment or
in the Compulsory Process or Confrontation clauses of the Sixth
Amendment, the Constitution guarantees criminal defendants ‘a
meaningful opportunity to present a complete defense.’ ”
Crane,
supra, at 690 (quoting
California
v.
Trombetta, 467 U. S. 479, 485
(1984); citations omitted). This right is abridged by evidence
rules that “infring[e] upon a weighty interest of the accused” and
are “ ‘arbitrary’ or ‘disproportionate to the purposes they
are designed to serve.’ ”
Scheffer,
supra,
at 308 (quoting
Rock v.
Arkansas, 483 U. S. 44, 58, 56
(1987)).
This Court’s cases contain
several illustrations of “arbitrary” rules,
i.e., rules
that excluded important defense evidence but that did not serve any
legitimate interests. In
Washington v.
Texas,
388 U. S. 14
(1967), state statutes barred a person who had been charged as a
participant in a crime from testifying in defense of another
alleged participant unless the witness had been acquitted. As a
result, when the defendant in
Washington was tried for
murder, he was precluded from calling as a witness a person who had
been charged and previously convicted of committing the same
murder. Holding that the defendant’s right to put on a defense had
been violated, we noted that the rule embodied in the statutes
could not “even be defended on the ground that it rationally sets
apart a group of persons who are particularly likely to commit
perjury” since the rule allowed an alleged participant to testify
if he or she had been acquitted or was called by the prosecution.
Id., at 22–23.
A similar constitutional violation occurred in
Chambers v.
Mississippi, supra. A murder
defendant called as a witness a man named McDonald, who had
previously confessed to the murder. When McDonald repudiated the
confession on the stand, the defendant was denied permission to
examine McDonald as an adverse witness based on the State’s
“ ‘voucher’ rule,” which barred parties from impeaching their
own witnesses.
Id., at 294. In addition, because the state
hearsay rule did not include an exception for statements against
penal interest, the defendant was not permitted to introduce
evidence that McDonald had made self-incriminating statements to
three other persons. Noting that the State had not even attempted
to “defend” or “explain [the] underlying rationale” of the “voucher
rule,”
id., at 297, this Court held that “the exclusion of
[the evidence of McDonald’s out-of-court statements], coupled with
the State’s refusal to permit [the defendant] to cross-examine
McDonald, denied him a trial in accord with traditional and
fundamental standards of due process,”
id., at 302.
Another arbitrary rule was held
unconstitutional in
Crane v.
Kentucky, supra.
There, the defendant was prevented from attempting to show at trial
that his confession was unreliable because of the circumstances
under which it was obtained, and neither the State Supreme Court
nor the prosecution “advanced any rational justification for the
wholesale exclusion of this body of potentially exculpatory
evidence.”
Id., at 691.
In
Rock v.
Arkansas,
supra, this Court held that a rule prohibiting
hypnotically refreshed testimony was unconstitutional because
“[w]holesale inadmissibility of a defendant’s testimony is an
arbitrary restriction on the right to testify in the absence of
clear evidence by the State repudiating the validity of all
post-hypnotic recollections.”
Id., at 61. By contrast, in
United States v.
Scheffer, supra, we
held that a rule excluding all polygraph evidence did not abridge
the right to present a defense because the rule “serve[d] several
legitimate interests in the criminal trial process,” was “neither
arbitrary nor disproportionate in promoting these ends,” and did
not “implicate a sufficiently weighty interest of the defendant.”
Id., at 309.
While the Constitution thus prohibits the
exclusion of defense evidence under rules that serve no legitimate
purpose or that are disproportionate to the ends that they are
asserted to promote, well-established rules of evidence permit
trial judges to exclude evidence if its probative value is
outweighed by certain other factors such as unfair prejudice,
confusion of the issues, or potential to mislead the jury. See,
e.g., Fed. Rule Evid. 403; Uniform Rule of Evid. 45
(1953); ALI, Model Code of Evidence Rule 303 (1942); 3 J. Wigmore,
Evidence §§1863, 1904 (1904). Plainly referring to rules of this
type, we have stated that the Constitution permits judges “to
exclude evidence that is ‘repetitive … , only marginally relevant’
or poses an undue risk of ‘harassment, prejudice, [or] confusion of
the issues.’ ”
Crane,
supra, at 689–690
(quoting
Delaware v.
Van Arsdall, 475 U. S. 673, 679
(1986); ellipsis and brackets in original). See also
Montana v.
Egelhoff, 518 U. S. 37, 42 (1996)
(plurality opinion) (terming such rules “familiar and
unquestionably constitutional”).
A specific application of this principle is
found in rules regulating the admission of evidence proffered by
criminal defendants to show that someone else committed the crime
with which they are charged. See,
e.g., 41
C. J. S., Homicide §216, pp. 56–58 (1991) (“Evidence
tending to show the commission by another person of the crime
charged may be introduced by accused when it is inconsistent with,
and raises a reasonable doubt of, his own guilt; but frequently
matters offered in evidence for this purpose are so remote and lack
such connection with the crime that they are excluded”); 40A Am.
Jur. 2d, Homicide §286, pp. 136–138 (1999) (“[T]he accused may
introduce any legal evidence tending to prove that another person
may have committed the crime with which the defendant is
charged … . [Such evidence] may be excluded where it does
not sufficiently connect the other person to the crime, as, for
example, where the evidence is speculative or remote, or does not
tend to prove or disprove a material fact in issue at the
defendant’s trial” (footnotes omitted)). Such rules are widely
accepted,* and neither petitioner nor his
amici challenge
them here.
In
Gregory, the South Carolina
Supreme Court adopted and applied a rule apparently intended to be
of this type, given the court’s references to the “applicable rule”
from Corpus Juris and American Jurisprudence:
“ ‘[E]vidence offered by accused as to the
commission of the crime by another person must be limited to such
facts as are inconsistent with his own guilt, and to such facts as
raise a reasonable inference or presumption as to his own
innocence; evidence which can have (no) other effect than to cast a
bare suspicion upon another, or to raise a conjectural inference as
to the commission of the crime by another, is not
admissible… . [B]efore such testimony can be received, there
must be such proof of connection with it, such a train of facts or
circumstances, as tends clearly to point out such other person as
the guilty party.’ ” 198 S. C., at 104–105, 16 S. E.
2d, at 534–535 (quoting 16 C. J., Criminal Law §1085, p. 560
(1918) and 20 Am. Jur., Evidence §265, p. 254 (1939); footnotes
omitted).
In
Gay and this case,
however, the South Carolina Supreme Court radically changed and
extended the rule. In
Gay, after recognizing the standard
applied in
Gregory, the court stated that “[i]n view of
the strong evidence of appellant’s guilt—especially the forensic
evidence— … the proffered evidence … did not raise ‘a
reasonable inference’ as to appellant’s own innocence.”
Gay, 343 S. C., at 550, 541 S. E. 2d, at 545
(quoting
Gregory,
supra, at 104, 16 S. E.
2d, at 534, in turn quoting 16 C. J., §1085, at 560).
Similarly, in the present case, as noted, the State Supreme Court
applied the rule that “where there is strong evidence of [a
defendant’s] guilt, especially where there is strong forensic
evidence, the proffered evidence about a third party’s alleged
guilt” may (or perhaps must) be excluded. 361 S. C., at 342,
605 S. E. 2d, at 24.
Under this rule, the trial judge does not
focus on the probative value or the potential adverse effects of
admitting the defense evidence of third-party guilt. Instead, the
critical inquiry concerns the strength of the prosecution’s case:
If the prosecution’s case is strong enough, the evidence of
third-party guilt is excluded even if that evidence, if viewed
independently, would have great probative value and even if it
would not pose an undue risk of harassment, prejudice, or confusion
of the issues.
Furthermore, as applied in this case, the
South Carolina Supreme Court’s rule seems to call for little, if
any, examination of the credibility of the prosecution’s witnesses
or the reliability of its evidence. Here, for example, the defense
strenuously claimed that the prosecution’s forensic evidence was so
unreliable (due to mishandling and a deliberate plot to frame
petitioner) that the evidence should not have even been admitted.
The South Carolina Supreme Court responded that these challenges
did not entirely “eviscerate” the forensic evidence and that the
defense challenges went to the weight and not to the admissibility
of that evidence.
Id., at 343, n. 8, 605 S. E.
2d, at 24, n. 8. Yet, in evaluating the prosecution’s forensic
evidence and deeming it to be “strong”—and thereby justifying
exclusion of petitioner’s third-party guilt evidence—the South
Carolina Supreme Court made no mention of the defense challenges to
the prosecution’s evidence.
Interpreted in this way, the rule applied by
the State Supreme Court does not rationally serve the end that the
Gregory rule and its analogues in other jurisdictions were
designed to promote,
i.e., to focus the trial on the
central issues by excluding evidence that has only a very weak
logical connection to the central issues. The rule applied in this
case appears to be based on the following logic: Where (1) it is
clear that only one person was involved in the commission of a
particular crime and (2) there is strong evidence that the
defendant was the perpetrator, it follows that evidence of
third-party guilt must be weak. But this logic depends on an
accurate evaluation of the prosecution’s proof, and the true
strength of the prosecution’s proof cannot be assessed without
considering challenges to the reliability of the prosecution’s
evidence. Just because the prosecution’s evidence,
if
credited, would provide strong support for a guilty verdict,
it does not follow that evidence of third-party guilt has only a
weak logical connection to the central issues in the case. And
where the credibility of the prosecution’s witnesses or the
reliability of its evidence is not conceded, the strength of the
prosecution’s case cannot be assessed without making the sort of
factual findings that have traditionally been reserved for the
trier of fact and that the South Carolina courts did not purport to
make in this case.
The rule applied in this case is no more
logical than its converse would be,
i.e., a rule barring
the prosecution from introducing evidence of a defendant’s guilt if
the defendant is able to proffer, at a pretrial hearing, evidence
that, if believed, strongly supports a verdict of not guilty. In
the present case, for example, the petitioner proffered evidence
that, if believed, squarely proved that White, not petitioner, was
the perpetrator. It would make no sense, however, to hold that this
proffer precluded the prosecution from introducing its evidence,
including the forensic evidence that, if credited, provided strong
proof of the petitioner’s guilt.
The point is that, by evaluating the strength
of only one party’s evidence, no logical conclusion can be reached
regarding the strength of contrary evidence offered by the other
side to rebut or cast doubt. Because the rule applied by the State
Supreme Court in this case did not heed this point, the rule is
“arbitrary” in the sense that it does not rationally serve the end
that the
Gregory rule and other similar third-party guilt
rules were designed to further. Nor has the State identified any
other legitimate end that the rule serves. It follows that the rule
applied in this case by the State Supreme Court violates a criminal
defendant’s right to have “ ‘a meaningful opportunity to
present a complete defense.’ ”
Crane, 476 U. S., at
690 (quoting
Trombetta, 467 U. S., at 485).
III
For these reasons, we vacate the
judgment of the South Carolina Supreme Court and remand the case
for further proceedings not inconsistent with this opinion.
It is so ordered.
* See,
e.g., Smithart v.
State, 988 P. 2d 583, 586–587 (Alaska 1999);
Shields v.
State, 357 Ark. 283, 287–288, 166
S. W. 3d 28, 32 (2004);
People v.
Hall, 41
Cal. 3d 826, 833, 718 P. 2d 99, 103–104 (1986) (en banc);
People v.
Mulligan, 193 Colo. 509,
517–518
, 568 P. 2d 449, 456–457 (1977) (en banc);
State v.
West, 274 Conn. 605, 624–627, 877
A. 2d 787, 802–803 (2005);
Winfield v.
United
States, 676 A. 2d 1 (DC App. 1996) (en banc);
Klinect v.
State, 269 Ga. 570, 573, 501
S. E. 2d 810, 813–814 (1998);
State v.
Rabellizsa, 79 Haw. 347, 350–351, 903 P. 2d 43, 46–47
(1995);
People v.
Fort, 248 Ill. App. 3d 301,
314, 618 N. E. 2d 445, 455 (1993);
State v.
Adams, 280 Kan. 494, 504–507, 124 P. 3d 19, 27–29
(2005);
Beaty v.
Commonwealth, 125 S. W. 3d
196, 207–208 (Ky. 2003);
State v.
Dechaine, 572
A. 2d 130, 134 (Me. 1990);
Commonwealth v.
Scott, 408 Mass. 811, 815–816, 564 N. E. 2d 370,
374–375 (1990);
State v.
Jones, 678 N. W. 2d
1, 16–17 (Minn. 2004);
Moore v.
State, 179 Miss.
268, 274–275, 175 So. 183, 184 (1937);
State v.
Chaney, 967 S. W. 2d 47, 55 (Mo. 1998) (en banc);
State v.
Cotto, 182 N. J. 316, 332–333, 865
A. 2d 660, 669–670 (2005);
Gore v.
State,
2005 OK CR 14, ¶¶13–24, 119 P. 3d 1268, 1272–1276;
State v.
Gregory, 198 S. C. 98, 104–105, 16
S. E. 2d 532, 534–535 (1941);
Wiley v.
State, 74 S. W. 3d 399, 405–408 (Tex. Crim. App.
2002);
State v.
Grega, 168 Vt. 363, 375, 721
A. 2d 445, 454 (1998);
State v.
Thomas, 150
Wash. 2d 821, 856–858, 83 P. 3d 970, 988 (2004) (en banc);
State v.
Parr, 207 W. Va. 469, 475, 534
S. E. 2d 23, 29 (2000)
(per curiam); State
v.
Denny, 120 Wis. 2d 614, 622–625, 357 N. W. 2d 12,
16–17 (Wis. App. 1984).
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