Harper v. State

194 S.W.3d 730, 359 Ark. 142
CourtSupreme Court of Arkansas
DecidedOctober 7, 2004
DocketCR 03-1457
StatusPublished
Cited by15 cases

This text of 194 S.W.3d 730 (Harper 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
Harper v. State, 194 S.W.3d 730, 359 Ark. 142 (Ark. 2004).

Opinion

Jim Hannah, Justice.

A Pulaski County jury convicted appellant Tony Harper of capital murder and aggravated robbery. He was sentenced to a term of life imprisonment without parole for the capital murder, and a concurrent term of 360 months for the aggravated robbery. The charges arose from the shooting death of Little Rock taxi driver Leroy Johnson on December 17, 2002. Harper appeals, arguing that the circuit court erred in denying his motion to suppress his statement. He also argues that there is insufficient evidence to support his convictions for capital murder and aggravated robbery; alternatively, he argues that even if this court finds there was substantial evidence to support the verdict, the circuit court erred by sentencing him for both capital murder and the underlying felony. Finally, Harper argues that the circuit court erred in admitting into evidence photographs of the deceased that were gruesome and inflammatory. We find no error and affirm. Our jurisdiction is pursuant to Ark. Sup. Ct. R. l-2(a)(2).

Facts

Detective John White of the Little Rock Police Department testified that on December 17, 2002, he was called to investigate the shooting death of taxi driver Leroy Johnson at 24th and Monroe Streets in Little Rock. White contacted the cab company and learned that Johnson had picked up his last customer at 923 McAlmont. White, Detective Eric Knowles, and another officer went to that address. No one was at that address, so they canvassed the neighborhood to see if anyone had called the cab company during the night. At a nearby apartment building, the officers found Arthur Culps, who toid the officers that his next-door neighbor, Tony Harper, had used his phone the night of the murder. Detective White testified that according to Culps, on that night, Harper was carrying a shotgun and talking about killing his wife. White stated that Culps told him that he and Harper drank a shot of whiskey. Further, White testified that Culps told him he tried to prevent Harper from leaving the apartment because he could tell that Harper was “clearly upset.” White stated that Culps told him that Harper eventually left the apartment, still carrying the shotgun. White testified that at that time, he knew that Johnson had been killed with a shotgun.

The officers approached the apartment next to Culps’s as Brenda Aldridge was leaving it. Aldridge told the officers that she lived there with her boyfriend and Harper, and that both of them were home. Aldridge knocked on the door, but no one answered. Aldridge left, and the officers knocked several more times. Eventually, Harper opened the door, and he identified himself as Jonathon White. Detective White testified that Harper was unable to provide his date of birth, and he stated that Harper was acting deceptive and evasive. White told Harper that he and the other officers were there investigating a homicide.

White stated that he returned to his police car to run a check on Jonathon White, but there was no information on anyone with that name. Shortly thereafter, Aldridge returned and went back into the apartment. Another woman, who the officers later learned was Harper’s mother, Ruby Humphrey, also arrived at the apartment building. The officers again attempted to speak with Harper, but he maintained that his name was Jonathon White. Detective White stated that he told Humphrey he was investigating a homicide, and that eventually, she went into Harper’s residence and told him he needed to tell the officers the truth. Subsequently, Harper revealed his true name. The officers then checked Harper’s name and learned that there were outstanding warrants for his arrest; they arrested Harper based on those warrants.

In his statement to the police, Harper stated that on the night of the shooting, he called a taxi, and when the taxi arrived, Harper told Johnson, the taxi driver, that he did not have any money and offered Johnson drugs as payment for the ride. Harper stated that Johnson told him he wanted methamphetamine, but Harper told Johnson that he only had “powder, some rocks.” Harper stated that he gave Johnson a gram of powder worth $50.00. Harper stated that when the cab stopped at his destination, Johnson gave him $10.00. At that point, according to Harper, he told Johnson repeatedly to give the powder back to him and keep his money. Then, Harper stated, Johnson grabbed the shotgun and it went off. Harper stated that he again asked Johnson for his money, and that he noticed Johnson reach under the driver’s seat. Harper testified that he was about to drop the gun when again, the gun went off. He stated that after he busted a window in the cab with the butt of his gun, “I got my dope and I ran.” Harper then ran to a friend’s house and called his mother to come and pick him up. Harper stated that after his mother came to get him, he told her he had done something bad and that she needed to take the gun and get rid of it. Harper stated that he had no intention of robbing Johnson.

Sufficiency of the Evidence

Preservation of Harper’s right against double jeopardy requires that we consider his challenge to the sufficiency of the evidence before we consider alleged trial error even though the issue was not presented as the first issue on appeal. Davis v. State, 350 Ark. 22, 86 S.W.3d 872 (2002). In reviewing a challenge to the sufficiency of the evidence, we view the evidence in the light most favorable to the State and consider only the evidence that supports the verdict. Cummings v. State, 353 Ark. 618, 110 S.W.3d 272 (2003). We will affirm a conviction if substantial evidence exists to support it. Id. 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 resorting to speculation or conjecture. Id. On review, this court neither weighs the evidence nor evaluates the credibility of witnesses. Kirwan v. State, 351 Ark. 603, 96 S.W.3d 724 (2003).

Pursuant to Ark. Code Ann. § 5-12-103(a)(l) (Repl. 1997), a person commits aggravated robbery if he commits robbery and is armed with a deadly weapon or represents by word or conduct that he is so armed. A person commits robbery if, with the purpose of committing a felony or misdemeanor theft or resisting apprehension immediately thereafter, he employs or threatens to immediately employ physical force upon another. Ark. Code Ann. § 5-12-102(a) (Repl. 1997). A person commits capital murder if “he commits. . . robbery . . . and in the course of and in furtherance of the felony, or in immediate flight therefrom, he . . . causes the death of any person under circumstances manifesting extreme indifference to the value of human life.” Ark. Code Ann. § 5-10-101(a)(1) (Repl. 1997).

Harper first argues that this court’s decisions in Parker v. State, 292 Ark. 421, 731 S.W.2d 756 (1987), and Sellers v. State, 295 Ark. 489, 749 S.W.2d 669 (1988), require reversal of his convictions. We disagree. In Parker, the appellant entered the victims’ home with the intent to kill the victims. The State proceeded on a felony-murder theory, using burglary as the underlying felony to support the conviction.

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

Related

Markell Jimmerson v. State of Arkansas
2019 Ark. App. 578 (Court of Appeals of Arkansas, 2019)
Swanigan v. State
2019 Ark. App. 296 (Court of Appeals of Arkansas, 2019)
Akram v. State
560 S.W.3d 509 (Court of Appeals of Arkansas, 2018)
McPeak v. State
406 S.W.3d 430 (Court of Appeals of Arkansas, 2012)
Dixon v. State
2011 Ark. 450 (Supreme Court of Arkansas, 2011)
Norris v. State
2010 Ark. 174 (Supreme Court of Arkansas, 2010)
Ventry v. State
2009 Ark. 300 (Supreme Court of Arkansas, 2009)
Koster v. State
286 S.W.3d 152 (Supreme Court of Arkansas, 2008)
Reese v. State
262 S.W.3d 604 (Supreme Court of Arkansas, 2007)
White v. State
255 S.W.3d 881 (Court of Appeals of Arkansas, 2007)
Lowry v. State
216 S.W.3d 101 (Supreme Court of Arkansas, 2005)
Weatherford v. State
215 S.W.3d 642 (Supreme Court of Arkansas, 2005)
Jackson v. State
214 S.W.3d 232 (Supreme Court of Arkansas, 2005)

Cite This Page — Counsel Stack

Bluebook (online)
194 S.W.3d 730, 359 Ark. 142, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harper-v-state-ark-2004.