Barnett v. State

53 S.W.3d 527, 346 Ark. 11, 2001 Ark. LEXIS 452
CourtSupreme Court of Arkansas
DecidedSeptember 13, 2001
DocketCR 01-1384
StatusPublished
Cited by9 cases

This text of 53 S.W.3d 527 (Barnett v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Barnett v. State, 53 S.W.3d 527, 346 Ark. 11, 2001 Ark. LEXIS 452 (Ark. 2001).

Opinion

W.H. “Dub” Arnold, Chief Justice.

A Mississippi County jury found appellant Rodney Barnett guilty of the capital murder of Lester Frazier for which appellant was sentenced to life imprisonment in the Arkansas Department of Correction. We affirm appellant’s conviction and sentence. In the early morning hours of June 1, 1994, the family of 79-year-old Lester Frazier reported to the Blytheville Police Department that Mr. Frazier was missing from his apartment, and his apartment was in disarray. A member of Mr. Frazier’s family had gone to his apartment to pick him up and take him to his place of departure for a trip he had been planning. On June 4, 1994, Mr. Frazier’s body was discovered floating in the Mississippi River near Osceola. An autopsy by the State Medical Examiner’s Office determined that Mr. Frazier’s death was a homicide, primarily caused by blunt trauma to the head.

Donneitha Bradford, who had previously pled guilty to a charge of murder in the first degree for the death of Lester Frazier and had received a forty-year sentence, testified, among other things, that the appellant solicited her assistance in robbing Mr. Frazier and that she went to Mr. Frazier’s residence with appellant but that when she left the residence, Mr. Frazier was still alive, and she saw Mr. Frazier and appellant leaving the residence together. Another witness, Larry Black, testified that, while he shared a jail cell with appellant, appellant admitted to his participation in the killing of Mr. Frazier.

Appellant raises the following two arguments on appeal from his conviction:

1) The trial court erred by denying his motions for directed verdict because the testimony of his accomplice, Donneitha Bradford, was not sufficiently corroborated; and

2) The trial court erred by unduly restricting his ability to cross-examine Bradford and impeach another prosecution witness, Larry Black,

I. Directed- Verdict Motions

A motion for a directed verdict is treated as a challenge to the sufficiency of the evidence. See McFarland v. State, 337 Ark. 386, 989 S.W.2d 899, cert. denied, 120 S. Ct. 334 (1999). When we review a challenge to the sufficiency of the evidence, we will affirm the conviction if there is substantial evidence to support it, when viewed in the fight most favorable to the State. See, e.g., Sublett v. State, 337 Ark. 374, 989 S.W.2d 910 (1999); Freeman v. State, 331 Ark. 130, 959 S.W.2d 400 (1998). Substantial evidence is that which is of sufficient force and character that it will, with reasonable certainty, compel a conclusion one way or the other, without mere speculation or conjecture. Id. Notably, the evidence may be either direct or circumstantial. See Gillie v. State, 305 Ark. 296, 301, 808 S.W.2d 320, 322 (1991). Circumstantial evidence can provide the basis to support a conviction, but it must be consistent with the defendant’s guilt and inconsistent with any other reasonable conclusion. Gillie, 305 Ark. at 301, 808 S.W.2d at 322 (citing Trotter v. State, 290 Ark. 269, 719 S.W.2d 268 (1986)).

As he did below, appellant argues on appeal that the prosecution failed to corroborate the testimony of Donneitha Bradford. Arkansas Code Annotated § 16-89-111 (e)(1) (1987) requires the testimony of an accomplice to be corroborated in order to convict a defendant of a felony. For purposes of § 16-89-111 (e)(1), corroborating evidence is sufficient if, without considering the accomplice’s testimony, other evidence at trial independently establishes the offense and tends to connect the defendant with its commission. See, e.g., Davis v. State, 310 Ark. 582, 839 S.W.2d 182 (1992). The corroborating evidence does not have to be sufficient, standing alone, to sustain a conviction. See, e.g., Hogue v. State, 323 Ark. 515, 915 S.W.2d 276 (1996). Moreover, corroboration can be provided by the acts, declarations, or testimony of the accused. See, e.g., Daniels v. State, 308 Ark. 53, 821 S.W.2d 778 (1992).

Although appellant did not testify, a statement that he had given to the Blytheville Police Department was offered into evidence and corroborates the testimony of Donneitha Bradford. In his statement, appellant acknowledged being at the scene with Bradford. Fie stated that he left Mr. Frazier’s apartment with Bradford and Mr. Frazier for the purpose of going to the bank to retrieve some money, using Mr. Frazier’s ATM card.

The testimony of State’s witness Larry Black provided additional corroboration. Black testified that, while he shared a jail cell with appellant, appellant told him that Donneitha Bradford asked him to help her rob Mr. Frazier, whom she thought would have some money because he was getting ready to leave on a trip. Although appellant claimed to have initially resisted, he admitted to Black that he later did agree to go with Bradford. The plan was for Bradford to enter the house alone and then later let appellant inside. When the two discovered that Frazier did not have any money, they took him to a bank to have him get money, but he refused to do so. Consequently, appellant told Black, they took Frazier out to the Mississippi River and beat him with a rock and nickel-plated .32 pistol until he was dead. They then pushed his body into the river at Osceola.

Appellant, in effect, concedes that Black’s testimony adequately corroborated Bradford’s, by arguing that the testimony was “totally incredible” and an “outright fabrication.” This argument challenges the credibility of the witness. This Court, however, does not determine the credibility of witnesses because that is the job of the trier of fact. See Harris v. State, 331 Ark. 353, 961 S.W.2d 737 (1998). The principles of appellate review apply equally to cases in which the claimed deficiency in the prosecution’s case is a lack of accomplice corroboration. See, e.g., Henderson v. State, 337 Ark. 518, 990 S.W.2d 530 (1999).

Under these standards, we hold that the evidence at trial was more than, sufficient to corroborate Bradford’s testimony that she and appellant robbed Lester Frazier, kidnapped him, and later killed him.

II. Appellant’s Right of Confrontation, Cross-Examination, or Impeachment of Witnesses

As his second argument on appeal, appellant claims that the trial court violated his rights under the Confrontation Clause of the Sixth Amendment to the United States Constitution with respect to rulings it made concerning his proposed cross-examination of Donneitha Bradford. He also appears to argue under this point that the trial court violated his Confrontation Clause rights a second time by improperly limiting his presentation of evidence that he claims would have further impeached Larry Black.

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Bluebook (online)
53 S.W.3d 527, 346 Ark. 11, 2001 Ark. LEXIS 452, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barnett-v-state-ark-2001.