Government Of The Virgin Islands v. Archibald

Facts

Latoya was ten years of age and living with her aunt, Marlene. When confronted by her mother, Ursula Williams, Latoya stated that she had engaged in sexual intercourse with D on three separate occasions. D would attract her attention at night by throwing rocks at her screen or by knocking on the window. She would let D in through a screen door and have intercourse with him. She liked D and knew that he was her sister Tasha's boyfriend. Ursula testified that she knew D because he was a neighbor and because he had fathered the child of her daughter Tasha. Tasha was fifteen years of age, and the child was six months old. Ursula revealed that D had engaged in sexual intercourse with Tasha when she was thirteen or fourteen-years-old. Such intercourse constitutes third-degree rape. D objected to the testimony under 404(b) in that evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show action in conformity therewith. The court overruled the objection. It gave a limiting instruction such that the evidence was offered only to show how the witness knew D.

During cross-examination, D asked Ursula whether she had ever seen D and Latoya alone and whether she had ever 'overheard any conversations with Latoya and [Tasha] concerning D.' She answered in the negative to both questions. On re-direct, she testified that Tasha had told Ursula that D and Latoya were kissing while dancing at a party. In response to defense counsel's objection, the district court ruled that counsel had 'opened the door' to the disputed testimony.

D was convicted and appealed. 

Issues

Rule of Law

Holding and Decision

Legal Analysis

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