Cooper v. State

919 S.W.2d 205, 324 Ark. 135, 1996 Ark. LEXIS 229
CourtSupreme Court of Arkansas
DecidedApril 15, 1996
DocketCR 95-1113
StatusPublished
Cited by34 cases

This text of 919 S.W.2d 205 (Cooper 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
Cooper v. State, 919 S.W.2d 205, 324 Ark. 135, 1996 Ark. LEXIS 229 (Ark. 1996).

Opinions

DAVID Newbern, Justice.

James Cooper, Ulonzo Gordon, and Jeremy Moten were tried together and convicted of killing Otis Webster. Each was sentenced to life imprisonment without parole for capital murder. Ark. Code Ann. § 5-10-101 (a) (4) (Repl. 1993). Each of them has appealed. We affirm their convictions. Mr. Cooper and Mr. Gordon have several points of appeal each, and Mr. Moten has one. After stating facts the jury could have concluded from evidence produced by the State at the trial, we will address each appellant’s points of appeal. Other facts will be stated as necessary in our discussion of each appellant’s arguments.

On December 3, 1994, Otis Webster, the victim in this case, shot James Cooper 11 times. On January 28, 1995, Jeremy Moten shot and killed Otis Webster. On the latter date Rickey Lewis, Tyrone King, and Corey Sublett were seated in a car parked in a parking lot in a place referred to by witnesses as the “project area” in West Memphis. Tony Johnson drove up in a car in which Otis Webster was a passenger. Tony Johnson and Otis Webster then stood talking with Lewis, King, and Sublett when a third car arrived carrying Cooper, Gordon, and Moten. Moten and Gordon got out and drew pistols. They told Johnson to get out of the way. Shots were fired, and Moten then chased Webster, shot him once, swore at him, and then shot him three more times as he lay on the ground. Cooper drove away with Gordon as his passenger and then picked up Moten.

I. James Cooper

a. Sufficiency of the evidence

Mr. Cooper’s defense was that he did not know a shooting would occur when he drove Gordon and Moten to the parking lot. He argues there was no evidence that he entertained any premeditation which is an element of capital murder as charged, so his motion for a directed verdict should have been granted. As the State points out in response, Cooper’s liability for the crime is as an accomplice, Ark. Code Ann. § 5-2-403 (Repl. 1993), and the evidence need only be sufficient to show he encouraged or aided in the commission of the crime. Riggins v. State, 317 Ark. 636, 882 S.W.2d 664 (1994).

A motion for directed verdict is a challenge to the sufficiency of the evidence. Stewart v. State, 320 Ark. 75, 894 S.W.2d 930 (1995); Evans v. State, 317 Ark. 449, 878 S.W.2d 409 (1994). The test for determining the sufficiency of the evidence is whether the verdict is supported by substantial evidence, direct or circumstantial. Evans v. State, supra; Thomas v. State, 312 Ark. 158, 847 S.W.2d 695 (1993). Substantial evidence is evidence that is of sufficient certainty and precision to compel a conclusion one way or another, and in determining whether substantial evidence exists, we review the evidence in the light most favorable to the appellee. Evans v. State, supra; Coleman v. State, 314 Ark. 143, 860 S.W.2d 747 (1993).

Mr. Cooper drove to the scene of the crime with two men who exited his car and drew weapons. One or both of them fired at the victim who, according to an eyewitness, was eventually killed by one of them. Cooper then fled the scene with one of the shootists and allowed the second to enter his car shordy thereafter. When the evidence tending to prove those facts is combined with the evidence that Mr. Cooper had a strong motive to injure or kill Mr. Webster we can hardly conclude the evidence is insufficient to support his conviction as an accomplice.

b. Severance

Mr. Cooper sought to have his trial severed from those of Mr. Gordon and Mr. Webster. The factors to be considered in deciding whether to grant a severance of the trial of one defendant from that of another are: (1) antagonistic defenses; (2) difficulty in segregating evidence; (3) lack of substantial evidence implicating one defendant except for the accusation of another; (4) deprivation by one defendant of another’s peremptory challenges; (5) compulsion of testimony by one defendant if another chooses to testify; (6) disparity in criminal records; and (7) stronger circumstantial evidence against one defendant than against another. Cloird v. State, 314 Ark. 296, 862 S.W.2d 211 (1993); Cox v. State, 305 Ark. 244, 808 S.W.2d 306 (1991); McDaniel v. State, 278 Ark. 631, 648 S.W.2d 57 (1983). Whether to grant the motion lies within the discretion of the Trial Court and a ruling will not be disturbed on appeal absent an abuse of that discretion. Holloway v. State, 293 Ark. 438, 738 S.W.2d 796 (1987); McDaniel v. State, supra.

Mr. Cooper argues his trial should have been severed because his defense was antagonistic to that of his codefendants, the evidence against them was stronger than against him, and the evidence could not successfully be segregated. We find no merit in those claims. As a matter of logic, there is no antagonism between Cooper’s defense that he did not know what Gordon and Moten planned to do and their self-defense claim. Antagonistic defenses arise when each defendant asserts his innocence and accuses the other of committing the crime. Butler v. State, 303 Ark. 380, 797 S.W.2d 435 (1990); McDaniel v. State, supra. That is not the case here. There is no reason the jury could not have believed both Cooper’s claim of lack of knowledge and the self-defense claim of Gordon and Moten had it found their witnesses credible.

As mentioned above, the evidence of Mr. Cooper’s participation as an accomplice was substantial. He has not demonstrated that, had he been tried separately, the evidence about the actions of Gordon and Moton would not have been admitted to prove Cooper’s status as an accomplice. He thus has demonstrated no prejudice in having one jury hear it all. There was no abuse of discretion.

c. Jury selection

Mr. Cooper contends the State improperly exercised a peremptory challenge of African-American venire person Sharon Dunigan. Mr. Cooper objected on the ground that the reason was racial in nature and thus a violation of his rights as explained in Batson v. Kentucky, 476 U.S. 79 (1986). When the peremptory challenge to Ms. Dunigan occurred, two African-American jurors had been seated. The State had struck three Caucasian venire members. In response to the objection, the prosecutor said Ms. Dunigan was struck because she would not look him in the eye when answering voir dire and, although she was a long-time resident of the neighborhood in which the killing occurred, she said she knew none of the persons involved.

Mr. Cooper’s argument focuses on the State’s explanation, but we need not evaluate it because the Trial Court’s ruling, with which we agree, was that no prima facie case of discrimination had been presented. When a Batson objection is raised the defendant must make a prima facie case that racial discrimination is the basis of a juror challenge. In the event the defendant makes a prima facie case, the State has the burden of showing the challenge was not based on race.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Kelley v. Gordon
2015 Ark. 277 (Supreme Court of Arkansas, 2015)
Hobbs v. Gordon
2014 Ark. 225 (Supreme Court of Arkansas, 2014)
Thessing v. State
230 S.W.3d 526 (Supreme Court of Arkansas, 2006)
Wooten v. State
217 S.W.3d 124 (Court of Appeals of Arkansas, 2005)
Moore v. State
215 S.W.3d 688 (Court of Appeals of Arkansas, 2005)
Ghoston v. State
141 S.W.3d 907 (Court of Appeals of Arkansas, 2004)
Barrett v. State
119 S.W.3d 485 (Supreme Court of Arkansas, 2003)
Kelly v. State
91 S.W.3d 526 (Court of Appeals of Arkansas, 2002)
Kelly v. State
85 S.W.3d 893 (Supreme Court of Arkansas, 2002)
Howard v. State
79 S.W.3d 273 (Supreme Court of Arkansas, 2002)
Buckley v. State
20 S.W.3d 331 (Supreme Court of Arkansas, 2000)
Fudge v. State
20 S.W.3d 315 (Supreme Court of Arkansas, 2000)
Hill v. State
977 S.W.2d 234 (Court of Appeals of Arkansas, 1998)
MacKintrush v. State
978 S.W.2d 293 (Supreme Court of Arkansas, 1998)
Taylor v. State
974 S.W.2d 454 (Supreme Court of Arkansas, 1998)
MacKintrush v. State
959 S.W.2d 404 (Court of Appeals of Arkansas, 1997)
Bosquet v. State
953 S.W.2d 894 (Court of Appeals of Arkansas, 1997)
Berry v. St. Paul Fire and Marine Ins. Co.
944 S.W.2d 838 (Supreme Court of Arkansas, 1997)
Spann v. State
944 S.W.2d 537 (Supreme Court of Arkansas, 1997)
Martin v. State
944 S.W.2d 512 (Supreme Court of Arkansas, 1997)

Cite This Page — Counsel Stack

Bluebook (online)
919 S.W.2d 205, 324 Ark. 135, 1996 Ark. LEXIS 229, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cooper-v-state-ark-1996.