Justia Criminal Law Opinion Summaries

The case concerns William Coston, who was accused of sexually abusing a minor over several years, beginning when the victim was four years old. The abuse included multiple acts of rape, the introduction of controlled substances, and sexually grooming the child. Initially, Coston was charged with three counts of rape, but the State later amended the charges to include a total of ten counts of rape, one count of introduction of a controlled substance into the body of another person, and one count of sexually grooming a child. The evidence supporting these charges had been available to the defense throughout the discovery process.The Garland County Circuit Court presided over Coston’s jury trial in March 2024. Prior to trial, the State amended the criminal information to add the additional charges. Coston objected to the timing and number of the new charges, arguing that the amendment was arbitrary and created confusion, but he acknowledged that the evidence supporting the charges had been disclosed from the outset. He did not move to strike the amendment or request a continuance. The circuit court overruled his objection, noting that amendments to the information are permitted up to the point the case is submitted to the jury. After trial, Coston was convicted on all counts and sentenced to consecutive terms of imprisonment.On appeal to the Supreme Court of Arkansas, Coston argued that the circuit court abused its discretion by allowing the State to amend the information shortly before trial. The Supreme Court of Arkansas held that the amendment did not change the nature or degree of the offenses, as it merely added counts of the same offense, and that Coston was not unfairly surprised or prejudiced by the amendment. The court affirmed the circuit court’s decision, finding no prejudicial error. View "COSTON v. STATE OF ARKANSAS" on Justia Law

A man was convicted by a jury in Greene County, Arkansas, of five counts of rape involving a minor victim. The case involved evidence obtained from the defendant’s cell phone, including pornographic images, and testimony from the victim describing multiple incidents of sexual abuse, the use of sex toys, and exposure to child pornography. The victim’s account was corroborated by physical evidence, DNA analysis, and expert testimony from a sexual assault nurse examiner. The defendant denied the allegations, attributing the accusations to the victim’s desire to avoid blame for unrelated misconduct.After the conviction, the Arkansas Court of Appeals reversed and remanded, finding error in the admission of certain evidence. The State petitioned for review, which the Supreme Court of Arkansas granted, thereby reviewing the case as if it had been originally filed there. The defendant argued that the circuit court erred in denying his motion to suppress evidence from his cell phone, claiming the search warrant was facially deficient and lacked probable cause, and that the court improperly allowed cross-examination about prior orders of protection involving his girlfriend, in violation of evidentiary rules.The Supreme Court of Arkansas held that the circuit court did not err in denying the motion to suppress, finding that, under the totality of the circumstances, the officers acted in good faith and the warrant was not so deficient as to preclude reliance on it. The court also found that the circuit court abused its discretion in admitting evidence about the orders of protection, but concluded that the error was harmless because the evidence of guilt was overwhelming and the prejudicial effect was slight. The Supreme Court of Arkansas affirmed the convictions and vacated the opinion of the Court of Appeals. View "VASQUEZ v. STATE OF ARKANSAS" on Justia Law

The appellant was charged with capital murder following the shooting death of Zyrique “Zack” Geans in Stuttgart, Arkansas, on February 13, 2019. The prosecution alleged that the appellant, after an earlier altercation with the victim, discharged a firearm from a vehicle toward the victim, who was under a carport at his residence, resulting in the victim’s death. Multiple eyewitnesses testified that the appellant fired a handgun from a purple Camaro convertible toward the residence. Physical evidence, including shell casings and gunshot residue, supported the eyewitness accounts. The defense argued justification, claiming the appellant fired only after being shot at, and presented testimony to support this theory.The Arkansas County Circuit Court held a jury trial in January 2023. The jury found the appellant guilty of capital murder and of using a firearm to commit the offense. The court sentenced him to life imprisonment without parole, plus a fifteen-year firearm enhancement. The appellant challenged the sufficiency of the evidence, the voluntariness of his in-custody statements, and the completeness of the record for appellate review. The circuit court denied these motions, including the motion to suppress statements, finding that the appellant had knowingly and voluntarily waived his Miranda rights.On appeal, the Supreme Court of Arkansas reviewed the sufficiency of the evidence, the denial of the motion to suppress, and the adequacy of the record. The court held that substantial evidence supported the conviction, that the appellant’s waiver of Miranda rights was knowing, intelligent, and voluntary, and that the supplemented record was sufficient for appellate review. The court affirmed the conviction and sentence, finding no prejudicial error in the proceedings. View "HUDSON v. STATE OF ARKANSAS" on Justia Law

On January 14, 2023, a motorist, Arva Wilkerson, called 911 to report a speeding vehicle. After following the car and reciting its license plate, Wilkerson stated, “he is on to me.” Dylan Collins, the driver, noticed Wilkerson following him, pulled over, and Wilkerson stopped behind him. Without any communication, Collins exited his car, approached Wilkerson’s truck with a pistol, and fired thirteen shots into the vehicle. Collins then left the scene, destroyed the firearm, and did not contact authorities. Wilkerson died from his injuries the next day. Witnesses testified that Collins immediately fired upon Wilkerson without interaction and that Wilkerson’s gun was found later in a closed console.The case was tried in the Faulkner County Circuit Court. At trial, Collins claimed self-defense, stating he believed Wilkerson was reaching for a gun. However, evidence showed Collins did not see a weapon and did not speak to Wilkerson. Multiple witnesses corroborated that Wilkerson did not display a gun. The defense moved for a directed verdict, arguing the State failed to disprove justification, but the circuit court denied the motion, leaving the question for the jury. The jury convicted Collins of capital murder and firearm enhancement.On appeal to the Supreme Court of Arkansas, Collins challenged the sufficiency of the evidence regarding justification and the circuit court’s restriction of voir dire about burdens of proof. The Supreme Court of Arkansas held that substantial evidence supported the jury’s finding that Collins was not justified in using deadly force, as he was the initial aggressor and did not reasonably believe Wilkerson posed an imminent threat. The court also found no abuse of discretion in limiting voir dire to the relevant burden of proof. The judgment was affirmed. View "COLLINS v. STATE OF ARKANSAS" on Justia Law

The case concerns a man who, shortly after being released from prison, was staying at his grandmother’s house and had a contentious relationship with her husband. On the day of the incident, after an argument, he stabbed his grandmother’s husband more than twenty-five times in the kitchen, dragged the body outside, and threatened bystanders while holding the murder weapon. Forensic evidence indicated a violent struggle, with numerous defensive wounds on the victim. The defendant claimed self-defense, stating that the victim attacked him first, but his account was inconsistent and uncorroborated.The Desha County Circuit Court presided over the trial. Before trial, the defendant sought to exclude testimony from a neighbor who said the defendant had expressed a desire to harm the victim and burn down the house if his grandmother was not present. The court found this statement relevant to the defendant’s intent and admitted it. At trial, the defendant moved for a directed verdict, arguing only that the State had not proven he acted purposely, but did not specifically argue that the State failed to disprove self-defense. The jury found him guilty of first-degree murder and sentenced him to life in prison.The Supreme Court of Arkansas reviewed the case. It held that the sufficiency challenge regarding self-defense was not preserved for appeal because the defendant did not raise it with specificity at trial, as required by Arkansas Rule of Criminal Procedure 33.1. The court found that the evidence was sufficient to support a finding that the defendant purposely killed the victim, based on the nature and extent of the wounds and the defendant’s conduct. The court also held that the trial court did not abuse its discretion in admitting the neighbor’s testimony, as it was relevant and not unfairly prejudicial. The conviction was affirmed. View "MCDANIELS v. STATE OF ARKANSAS" on Justia Law

Timothy Clevenger was convicted of first-degree murder following the death of his wife, Margaret, who was found unresponsive and covered in blood in their home. The investigation revealed that Margaret had suffered multiple blunt-force head injuries, with evidence of a violent struggle and attempted cleanup at the scene. Clevenger was found with bloodstained clothing and injuries consistent with striking a person or object. His statements to police about his whereabouts and actions on the morning of the murder were contradicted by security footage and other evidence. The couple’s marriage was strained, and Clevenger was the sole beneficiary of a significant life insurance policy on Margaret.The Pulaski County Circuit Court presided over Clevenger’s trial. Clevenger moved to suppress evidence obtained from a search of his home, arguing that the search warrant was improperly issued and that the search violated procedural rules regarding nighttime searches. The circuit court denied the motion, finding no evidence of judicial bias and determining that the search complied with legal requirements. At trial, Clevenger also objected to the admission of certain evidence and witness testimony, but the court overruled or limited these objections, often noting that some arguments were not properly preserved.The Supreme Court of Arkansas reviewed the case on appeal. The court held that substantial evidence supported the conviction, including forensic evidence, inconsistencies in Clevenger’s statements, evidence of motive, and his attempt to evade arrest. The court found no error in the denial of the motion to suppress, concluding that the warrant was properly issued and the search was lawfully conducted. The court also determined that Clevenger’s evidentiary and procedural objections were either without merit or not preserved for review. The conviction and sentence were affirmed. View "Clevenger v. State" on Justia Law

Raymond Lovett was convicted of capital murder and sentenced to life imprisonment plus a fifteen-year firearm enhancement by a Pulaski County Circuit Court jury. The conviction stemmed from the shooting death of Leighton Whitfield at St. Vincent North Hospital in Sherwood. Lovett shot Whitfield multiple times after a confrontation. Lovett then turned himself in at a nearby gas station. Lovett testified that he shot Whitfield because he felt threatened when Whitfield stood up after Lovett had shown him a gun.The Pulaski County Circuit Court jury found Lovett guilty of capital murder and imposed the sentence. Lovett appealed, challenging the prosecution’s statements during closing arguments. He argued that the prosecutor’s comments violated the “golden rule” by asking jurors to put themselves in the position of a party or victim. However, Lovett did not obtain a ruling on this objection at trial, nor did he make the golden-rule argument below, leading the court to decline to consider this argument on appeal. Lovett also argued that the circuit court’s failure to give an admonition or curative instruction constituted an abuse of discretion, but the court found no manifest abuse of discretion.The Arkansas Supreme Court reviewed the case and affirmed the lower court’s decision. The court held that Lovett’s arguments regarding the prosecutor’s statements were not preserved for review because he failed to obtain a ruling at trial and did not develop the arguments below. The court also found no reversible error upon reviewing the record for all errors prejudicial to Lovett. View "Lovett v. State" on Justia Law

Clarence Turnbo was convicted of rape by a Pulaski County jury, and his conviction was affirmed on appeal. Turnbo subsequently filed a petition for postconviction relief, claiming ineffective assistance of counsel under Arkansas Rule of Criminal Procedure 37.1. He argued that his trial counsel failed in several areas, including impeaching a witness, challenging DNA evidence, seeking expert testimony, objecting to the prosecutor's opening statement, calling him to testify, investigating the victim's prior sexual history, and "federalizing" his arguments.The Pulaski County Circuit Court denied Turnbo's petition, finding that he did not demonstrate entitlement to relief. The court noted that many of Turnbo's claims were either conclusory or addressed strategic decisions by counsel, which are generally not grounds for postconviction relief. The court also found that Turnbo failed to show prejudice resulting from his counsel's actions, as required under the Strickland v. Washington standard for ineffective assistance of counsel.The Arkansas Supreme Court reviewed the case and affirmed the lower court's decision. The court held that Turnbo did not meet the burden of proving that his counsel's performance was deficient and that the deficient performance prejudiced his defense. The court also noted that many of Turnbo's arguments were raised for the first time on appeal and could not be considered. Additionally, the court found that the trial court did not err in denying an evidentiary hearing, as the record conclusively showed that Turnbo was not entitled to relief.In conclusion, the Arkansas Supreme Court affirmed the denial of Turnbo's petition for postconviction relief, holding that he failed to demonstrate ineffective assistance of counsel and was not entitled to an evidentiary hearing. View "Turnbo v. State" on Justia Law

A twelve-year-old child disclosed to a school counselor that she had been communicating with a twenty-six-year-old man, later identified as Eric Overton, via Snapchat. The child’s mother confirmed the communication, obtained evidence from the phone, and contacted law enforcement. The investigation revealed that Overton and the child had exchanged nude photographs and sexually explicit messages, and that Overton had picked up the child from her home on three occasions, during which they engaged in sexual intercourse. The child provided detailed testimony at trial regarding these encounters.The Hot Spring County Circuit Court presided over the trial, during which Overton objected to the prosecutor’s voir dire questioning about whether a conviction could be based on the testimony of a single credible witness. The court overruled the objection and denied a subsequent motion for mistrial, emphasizing that the jury would be instructed on the law at the end of the case. The jury was later instructed on the presumption of innocence and the State’s burden of proof beyond a reasonable doubt. The jury found Overton guilty of rape and internet stalking of a child, and he was sentenced to life imprisonment on each count.On appeal, the Supreme Court of Arkansas reviewed whether there was substantial evidence to support the rape conviction and whether the circuit court erred in its handling of voir dire and jury instructions. The court held that the evidence, including the victim’s testimony, was sufficient to support the conviction, and that the circuit court did not abuse its discretion in denying the mistrial. The court affirmed the convictions, finding no prejudicial error in the proceedings. View "Overton v. State" on Justia Law

Ronald Russell was charged with internet stalking of a child after engaging in online conversations with a police detective posing as a fourteen-year-old girl. The detective, using the Whisper social media app, arranged a meeting with Russell, who was subsequently arrested. During discovery, it was revealed that the State did not possess earlier communications between Russell and the detective, as they had been deleted by the detective. Russell filed a motion in limine to exclude the preserved communications, arguing that without the context of the deleted messages, the evidence would be misleading and prejudicial.The Benton County Circuit Court granted Russell’s motion in limine, ruling that the preserved messages were inadmissible. The court did not find a Brady violation but analyzed the issue under due process principles from California v. Trombetta and Arizona v. Youngblood. The court concluded that the State failed to show the deleted messages had no exculpatory value, were available by other means, or were deleted in good faith according to standard procedures.The State of Arkansas appealed to the Supreme Court of Arkansas, arguing that the circuit court erred in its ruling. However, the Supreme Court of Arkansas dismissed the appeal, stating that it lacked jurisdiction under Arkansas Rule of Appellate Procedure–Criminal 3(a). The court determined that the appeal was from an order granting a motion in limine, not a motion to suppress seized evidence as required by Rule 3(a)(1). Consequently, the appeal did not meet the criteria for interlocutory review, and the motion to dismiss the appeal was granted. View "STATE OF ARKANSAS v. RUSSELL" on Justia Law