Landrum v. State

894 S.W.2d 933, 320 Ark. 81, 1995 Ark. LEXIS 188
CourtSupreme Court of Arkansas
DecidedMarch 20, 1995
DocketCR 94-1387
StatusPublished
Cited by10 cases

This text of 894 S.W.2d 933 (Landrum 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
Landrum v. State, 894 S.W.2d 933, 320 Ark. 81, 1995 Ark. LEXIS 188 (Ark. 1995).

Opinion

Robert L. Brown, Justice.

This case was first reviewed by the Arkansas Court of Appeals. See Landrum v. State, 47 Ark. App. 165, 887 S.W.2d 314 (1994). The Court of Appeals equally divided in an era banc decision with three judges voting to affirm and three judges voting to reverse. We granted review pursuant to Ark. Sup. Ct. R. l-2(f).

On the evening of May 30, 1992, appellant Gary Landrum and the victim, Joseph Franklin, had a fight in James Park in Russellville. Prior to the fight, Landrum was seen waving his pocket knife and was heard by at least two witnesses to say that it had Joseph Franklin’s name on it. He had the knife open and in his pocket when Franklin arrived. During the fight, Landrum stabbed Franklin in the chest with the pocket knife. Franklin died as a result of the stab wound.

Landrum was charged with first degree murder,' and at the trial of the charge he asserted a defense of justification. When he took the stand in his own defense, he stated that the stabbing in the chest was unintentional though he meant to stab Franklin in the stomach. During initial cross-examination, he told the prosecutor that he usually did not carry a knife. On recross-examination the following occurred:

PROSECUTOR: I want to be real clear on one thing. You said — you told me that you usually don’t carry a knife. Is that correct?
LANDRUM: Yeah, sometime. Sometime I do and sometime I don’t. Sometime I can be at home and leave it and sometime I can be at home and take it with me.

After the defense rested, the prosecutor sought to present rebuttal testimony to Landrum’s testimony that he usually did not carry a knife which, the prosecutor contended, opened the door to such proof. The trial court agreed. The prosecutor called his first rebuttal witness, Belinda Faye Norman, and at that point the following ensued:

PROSECUTOR: Ms. Norman, do you know Gary Landrum?
NORMAN: Yes, sir.
PROSECUTOR: Do you know —
DEFENSE COUNSEL: Your Honor, I want to approach the Bench myself. I — I’ve been thinking about this.
(Side-Bar Conference, outside the hearing of the Jury)
DEFENSE COUNSEL: This goes to reputation evidence and the bad reputation; and I’ve not put his good reputation into evidence.
PROSECUTOR: No, but he’s put in the reputation that he —
BY THE COURT: You’ve put in character in terms of a victim and an accused and who was the aggressor.
DEFENSE COUNSEL: Yeah; but he’s talking about a character trait of carrying a weapon and I’ve not put anything in there showing he’s a good fellow and not carry any weapon.
PROSECUTOR: He said — he said —
BY THE COURT: Well, I’ll overrule that. I think he can proceed in this manner.
DEFENSE COUNSEL: Okay.
(End of Side-Bar)
PROSECUTOR: Do you know Gary Landrum?
NORMAN: Yes, sir.
PROSECUTOR: How long have you known Gary Landrum?
NORMAN: All through school and everything. We growed up together.
PROSECUTOR: Do you know Gary Landrum’s reputation in the community?
NORMAN: Yes, sir, some of it.
PROSECUTOR: Do you know Gary Landrum’s reputation as to whether or not he carries — he’ll — he’ll often carry a weapon?
DEFENSE COUNSEL: Now, Your Honor, I’m going to have to object for a different reason; and —
(Side-Bar Conference, outside the hearing of the Jury)
DEFENSE COUNSEL: — the reason this time is this is not the same type of material. This is reputation evidence; and hadn’t got anything to do with actually carrying a weapon or rebuttal of whether he carries or not carries.
BY THE COURT: Are you trying to elicit from her that she knows he does carry a weapon of her own personal knowledge?
PROSECUTOR: That’s right; that he carries a weapon all the time.
BY THE COURT: Why don’t you ask her that rather than this other.
DEFENSE COUNSEL: I want the Court to instruct the Jury that those first questions need to be disregarded; that those are improper questions.
BY THE COURT: I sustained your objection.
(End of Side-Bar)
DEFENSE COUNSEL: Okay, but I’m going to ask the Court to admonish the Jury.
BY THE COURT: Well, the question was not proper, and I sustained your objection.
DEFENSE COUNSEL: All right.

The State proceeded to ask for reputation testimony a second time, and defense counsel objected again and was sustained. The trial court admonished the jury. Then the State queried:

PROSECUTOR: Do you have any personal knowledge of this man ever carrying a weapon?
NORMAN: A pocket knife.
PROSECUTOR: Okay. So, you know Gary — Gary Landrum as a person who carries a knife?

Again, there was an objection, and the trial court sustained it and admonished the jury. The prosecutor then called his second rebuttal witness, and this colloquy occurred:

PROSECUTOR: Do you have personal knowledge of Gary Landrum ever carrying a weapon?
STEWART: Uh, huh, seen him with a weapon a couple of times, a knife that he always has in his pocket.

The jury subsequently found Landrum guilty of second degree murder. He was sentenced to 20 years in prison and fined $12,500.

Landrum urges on appeal that the trial court erred in permitting the State to call rebuttal witnesses regarding his character and reputation when he had not placed his character in issue. We initially dispose of one facet of Landrum’s argument. The trial court was assiduous in sustaining defense counsel’s objections to reputation testimony and in admonishing the jury that questions about general reputation would not be allowed. There, accordingly, is no basis for error on the reputation aspect.

We do conclude, however, that the trial court erred in allowing rebuttal testimony on whether Landrum ever carried a pocket knife. Our primary reason for assessing error is found in Ark. R. Evid.

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Bluebook (online)
894 S.W.2d 933, 320 Ark. 81, 1995 Ark. LEXIS 188, Counsel Stack Legal Research, https://law.counselstack.com/opinion/landrum-v-state-ark-1995.