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Burnett v. State6/26/2003
NOT DESIGNATED FOR PUBLICATION
Appellant was convicted of the capital murder of Pam Knight and sentenced to life imprisonment without parole. Appellant's counsel has filed a motion to be relieved and a brief pursuant to Anders v. California, 386 U.S. 738 (1967) and Ark. Sup. Ct. R. 4-3(j)(1), asserting that the appeal is wholly without merit. The State concurs. Appellant has filed pro se points for reversal pursuant to Ark. Sup. Ct. R. 4-3(j)(2). We conclude that there are no meritorious issues raised from the rulings that were adverse to appellant. Accordingly, we affirm appellant's conviction and sentence.
Sufficiency of the Evidence
The first adverse ruling is the denial of trial counsel's motion for directed verdict. Counsel made a motion for directed verdict at the close of the State's case and also at the close of all evidence, asserting that the State had failed to show that with "premeditated and deliberate purpose" that appellant killed Knight. He then moved that the case be submitted to the jury with a charge of first-degree murder rather than capital murder. Appellant's motions were denied.
We treat a motion for directed verdict as a challenge to the sufficiency of the evidence and consider arguments on the sufficiency of the evidence prior to the review of any other claims of trial error. See Dodson v. State, 341 Ark. 41, 46, 14 S.W.3d 489, 492 (2000). "The test for determining the sufficiency of the evidence is whether the verdict is supported by substantial evidence, direct or circumstantial." Smith v. State, 346 Ark. 48, 52, 55 S.W.3d 251, 254 (2001). Substantial evidence is that which is forceful enough to compel a conclusion one way or the other beyond suspicion or conjecture. Id. When a defendant challenges the sufficiency of the evidence, the evidence is viewed in the light most favorable to the State, and only evidence supporting the verdict will be considered. Id.
A person commits capital murder if, with the premeditated and deliberated purpose of causing the death of another person, he causes the death of any person. Ark. Code Ann. § 5-10-101(a)(4) (Repl. 1997). "Premeditated and deliberated murder occurs when it is the killer's conscious object to cause death and he forms that intention before he acts and as a result of a weighing of the consequences of his course of conduct." Carmichael v. State, 340 Ark. 598, 602, 12 S.W.3d 225, 228 (2000). Moreover, "premeditation and deliberation may be inferred from the type and character of the weapon used, the manner in which the weapon was used, the nature, extent, and location of the wounds inflicted, and the conduct of the accused." Chase v. State, 334 Ark. 274, 277, 973 S.W.2d 791, 792 (1998).
At trial, evidence was presented that on April 2, 2001, appellant went to the residence of John Henry "Buck" Ferrell where he made the statements, "Pam, I'd (sic) kill that sorry bitch. That sorry bitch, I'll kill that bitch," referring to the victim. Appellant then pulled out a knife. Several witnesses testified that they heard appellant state that he was going to kill Knight. At some point, appellant and Knight met in the street outside the Ferrell residence and an altercation ensued. According to the testimony of Ann Byrd, appellant was swinging at Knight, who was using a board to block him. Finally, Knight screamed that she had been hit, and appellant fled the scene. Knight was stabbed in the left side of her chest. Dr. Charles Kokes of the Arkansas Crime Lab testified that a single knife wound went through the pericardial sac and left ventricle of Knight's heart and that the nature of the wound would cause very quick unconsciousness and death. Given the substantial evidence pre
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