Cobb v. State

12 S.W.3d 195, 340 Ark. 240, 2000 Ark. LEXIS 33
CourtSupreme Court of Arkansas
DecidedJanuary 27, 2000
DocketCR 99-631
StatusPublished
Cited by30 cases

This text of 12 S.W.3d 195 (Cobb 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
Cobb v. State, 12 S.W.3d 195, 340 Ark. 240, 2000 Ark. LEXIS 33 (Ark. 2000).

Opinion

RAY THORNTON, Justice.

Appellant, Louis Kenjuan Cobb was convicted of capital murder and sentenced to life imprisonment without the possibility of parole. Pursuant to Anders v. California, 386 U.S. 738 (1976) and our Sup. Ct. R. 4 — 3(j) (1), his attorney has filed a motion to withdraw and a brief stating that there is no merit to the appeal. Appellant’s brief filed by counsel outlines the four adverse rulings and states that there are no meritorious grounds for appeal. The State agrees that there is no merit to appellant’s appeal. Appellant has not filed a pro se brief arguing additional points for reversal. We conclude that there are no meritorious issue raised from the rulings that were adverse to appellant. Accordingly, we grant counsel’s motion to withdraw and affirm appellant’s conviction and sentence.

Appellant’s conviction resulted from the shooting death of Steven Tyler on March 16, 1998. The testimony presented at trial established that Mr. Tyler was dating the mother of appellant’s child. Appellant was upset with the victim, whom he thought was taking too much parenting responsibility for appellant’s child. On the night of the murder, appellant followed Mr. Tyler to his home, and, armed with a gun, went inside to discuss the matter. An argument occurred and Mr. Tyler, who was unarmed, was shot twice, once in the back and once in the chest. Mr. Tyler’s body was discovered by his roommate, Napoleon Tillman.

At trial, appellant admitted to shooting Mr. Tyler. However, he argued that he was acting only in self-defense and that the killing was not premeditated or deliberated. The trial court denied appellant’s motion for directed verdict. At the close of the evidence, appellant requested that the trial court give the jury an instruction on manslaughter. The trial court, finding that manslaughter was inconsistent with appellant’s defense of self-defense, declined to give the instruction. The jury found appellant guilty of capital murder.

Sufficiency of the Evidence

The first adverse ruling we must discuss is the trial court’s denial of appellant’s motion for a directed verdict. Double jeopardy considerations require this court to consider a challenge to the sufficiency of the evidence before all other points raised. Jones v. State, 336 Ark. 191, 984 S.W.2d 432 (1999). At the close of the State’s case, appellant moved for a directed verdict arguing that the evidence was insufficient to establish that he had acted with premeditation and deliberation. The trial court denied the motion. As we find no error in this ruling, we affirm.

On appeal, we treat a motion for a directed verdict as a challenge to the sufficiency of the evidence. 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 light most favorable to the State. Bangs v. State, 338 Ark. 515, 998 S.W.2d 738 (1999). 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. The evidence may be either direct or circumstantial. Only evidence supporting the verdict will be considered. 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. Id. Whether the evidence excludes every hypothesis is left to the jury to decide. Williams v. State, 338 Ark. 97, 991 S.W.2d 565 (1999). Guilt may be proved in the absence of eyewitness testimony, and evidence of guilt is not less because it is circumstantial. McDole v. State, 339 Ark. 391 , 6 S.W.3d 74 (1999). The trier of fact is free to believe all or part of a witness’s testimony. Moreover, the credibility of witnesses is an issue for the jury and not for this court. Bangs, supra. The jury may resolve questions of conflicting testimony and inconsistent evidence and may choose to believe the State’s account of the facts rather than the defendant’s. Stewart v. State, 338 Ark. 608, 999 S.W.2d 684 (1999).

The evidence presented at trial was sufficient to support appellant’s capital murder conviction. First, Napoleon Tillman, Mr. Tyler’s roommate, testified. He stated that when he came home from work on March 16, 1998, he found Mr. Tyler’s dead body on the floor of their apartment. He also testified that neither he nor Mr. Tyler owned a gun.

Next, Lori Baker, appellant’s former girlfriend and Mr. Tyler’s girlfriend at the time of his death, testified. She stated that on the night of the murder she called Mr. Tyler’s residence and was informed that appellant was there. She further testified that later that night appellant came to her home and informed her he had met with Mr. Tyler. Finally, she testified that appellant told her he knew where Mr. Tyler lived because he had followed him home from work.

Then, Detective Kevin Simpson from the Little Rock Police Department testified. He stated that he found a ,9mm semi-automatic pistol, with one loaded black clip, along with two five rounds in the case in appellant’s car.

Doctor William Sturner, the Chief Medical Examiner for the Arkansas State Crime Laboratory, also testified. He stated that it was more likely than not that the first gunshot wound Mr. Tyler suffered caused him to suffer paralysis and put him in a state of shock such that the victim would not be able to fend off the shooter or protect himself in any way. Doctor Sturner further testified that the second wound had been inflicted while Mr. Tyler was lying on his back with the shooter standing at contact range directly over him.

Finally, appellant, Lewis Cobb testified. He stated that on the day of the murder he had gone to Mr. Tyler’s home to have a conversation regarding his relationship with appellant’s daughter. Appellant noted that he had been wanting to have this conversation with Mr. Tyler “for a while”. He further testified that he had a gun, which he had purchased seven days before the murder, when he went into Mr. Tyler’s home. Appellant then stated that he did not know whether Mr. Tyler had a gun when he went into his home but that based on his clothing he would have had no place to hide a gun on his person. He also testified that he shot Mr. Tyler and “he fell down” and that he did not know why he shot him the second time— “there was no reason.” Appellant finally stated that he left the house after the murder and did not try to get help for Mr. Tyler.

Pursuant to Ark. Code Ann. § 5-10-101 (a) (4) (Repl. 1997), 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.” Id. Premeditation is not required to exist for a particular length of time. McFarland v. State, 337 Ark. 386, 989 S.W.2d 899 (1999).

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Bluebook (online)
12 S.W.3d 195, 340 Ark. 240, 2000 Ark. LEXIS 33, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cobb-v-state-ark-2000.