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Tarver v. State

The trial court did not abuse its discretion in denying the defendant's motions for a mistrial after the admission of two instances of allegedly inadmissible bad character evidence during the victim's testimony.

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A jury found Clifford Tarver guilty of rape, aggravated sodomy, false imprisonment, and two counts of aggravated assault. Tarver appeals, alleging the evidence was insufficient to support the jury’s verdict, the state improperly presented “bad character” evidence, and he was denied effective assistance of trial counsel. These enumerations of error lack merit, and we affirm Tarver’s convictions. 1. On appeal from a criminal conviction, we view the evidence in the light most favorable to support the jury’s verdict, and the defendant no longer enjoys a presumption of innocence; moreover, this Court determines evidence sufficiency and does not weigh the evidence or determine witness credibility.1 “Resolving evidentiary conflicts and inconsistencies, and assessing witness credibility, are the province of the factfinder, not this Court.”2 As long as there is some evidence, even though contradicted, to support each necessary element of the state’s case, this Court will uphold the jury’s verdict.3

Viewed in that light, the evidence showed that the victim and Tarver had an on and off relationship for several years; she would sometimes spend the night at his house and have sexual relations with him. On Friday, July 26, 2002, Tarver and the victim bought a 12 pack of beer and went to a park. The victim had not seen Tarver for about two weeks prior to this time. Tarver started acting “weird” and left. He later returned, forced the victim into his car and took her to his house. There, they drank some more beer and fell asleep.

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