Matthews v. State

99 S.W.3d 403, 352 Ark. 166, 2003 Ark. LEXIS 122
CourtSupreme Court of Arkansas
DecidedMarch 6, 2003
DocketCR 01-1135
StatusPublished
Cited by3 cases

This text of 99 S.W.3d 403 (Matthews 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
Matthews v. State, 99 S.W.3d 403, 352 Ark. 166, 2003 Ark. LEXIS 122 (Ark. 2003).

Opinion

WH. “Dub” Arnold, Chief Justice.

Appellant, Anthony Tyrone Matthews, brings ce. appeal from his conviction of first-degree murder and life sentence imposed in connection with the shooting death of Alfredo Resendiz, which occurred on October 27, 2000, in Newport, Arkansas. Appellant asserts the following three points on appeal:

1) The trial court erred when it denied the appellant’s motion in limine to exclude overly prejudicial photographs of the crime scene;
2) The trial court erred when it denied the appellant’s objection to overly prejudicial evidence being admitted into evidence;
3) The trial court erred when it allowed the use of an uncertified interpreter at the trial.

Finding no error, we affirm.

I. Photographs

For his first point on appeal, appellant asserts that the trial court abused its discretion in admitting certain photographs of the victim that he alleges were more prejudicial than probative. In Barnes v. State, 346 Ark. 91, 55 S.WAd 271 (2001), this Court discussed the admission of photographs.

The admission of photographs is a matter left to the sound discretion of the trial court. Riggs v. State, 339 Ark. 111, 3 S.W.3d 305 (1999). When photographs are helpful to explain testimony, they are ordinarily admissible. Id. (citing Williams v. State, 322 Ark. 38, 907 S.W.2d 120 (1995)). Further, the mere fact that a photograph is inflammatory or is cumulative is not, standing alone, sufficient reason to exclude it. Weger v. State, 315 Ark. 555, 869 S.W.2d 688 (1994). Even the most gruesome photographs may be admissible if they assist the trier of fact in any of the following ways: by shedding light on some issue, by proving a necessary element of the case, by enabling a witness to testify more effectively, by corroborating testimony, or by enabling jurors to better understand the testimony. Id. Other acceptable purposes are to show the condition of the victims’ bodies, the probable type or location of the injuries, and the position in which the bodies were discovered. Jones v. State, 340 Ark. 390, 10 S.W.3d 449 (2000). Absent an abuse of discretion, this court will not reverse a trial court for admitting photographs into evidence. Id.

Barnes, 346 Ark. at 104, 55 S.W.3d at 281.

In the instant case, the State was allowed to introduce photographs that depicted the deceased victim in various manners or views. These photographs were the subject of a pretrial hearing on the appellant’s motion in limine seeking their exclusion. At the hearing, defense counsel raised various objections to photographs he anticipated would be proffered by the State. The State proffered eleven photographs. State’s Exhibit No. 1 (admitted at trial as State’s Exhibit No. 16), was an overhead view of the crime scene to which defense counsel offered no objection. State’s Exhibits Nos. 2-6 were various views of the victim, and State’s Exhibits Nos. 7-11 were photographs taken during the autopsy of the victim, Alfredo Resendiz. The trial court examined each of the photographs and heard arguments of counsel. The trial court subsequently excluded State’s Exhibits Nos. 3, 9, and 11, finding that these photographs were duplicative of remaining photographs.

At trial, the State sought to prove that the appellant shot and killed the victim during the course or in furtherance of a robbery. To that end, the State called witnesses familiar with the scene of the crime and the discovery of the victim as well as the medical findings of the autopsy. The State called James Duvall, a lieutenant with the Newport Police Department, who testified that he was the supervising officer of the investigation surrounding the death of the victim.

Duvall testified that, on the night of the shooting, he arrived at the scene at approximately 9:30 p.m. and, as part of his duties, photographed the crime scene with the body of the victim present and, subsequently, took additional photographs after the victim’s body had been moved to the funeral home to await transport to the Arkansas State Crime Lab for an autopsy. Duvall described State’s Exhibit No. 12 as a photograph of the victim as he lay in the street, where the shooting occurred. Duvall further described State’s Exhibits Nos. 13, 14, and 15 as photographs depicting wounds to the victim’s head and the bagged hands of the victim.

Duvall explained that, in the course of the investigation, the appellant had indicated that he had struggled with the victim and that his gun had accidentally discharged. According to Duvall, the victim’s hands were bagged in order to preserve evidence that might have indicated signs of a struggle. Duvall also testified that when he interviewed the appellant, he had incorrectly assumed that the smaller bullet wound to the victim’s forehead had been the entry wound and that the large wound to the back of the victim’s head had been the exit wound. Duvall said that, during the course of several interviews, the appellant first denied involvement, then accused another person of the shooting, and, finally, admitted participation, but maintained that his gun accidentally discharged during his struggle with the victim.

Dr. Stephen Erickson, qualified as an expert in the area of forensic pathology to give his opinion as to the cause and manner of death of the victim, testified that he performed an autopsy on the body of the victim, whom he identified as Alfredo Resendiz, a twenty-two-year-old Hispanic male. He testified that, prior to his external examination of the victim, he learned that the victim had been involved in a shooting. Consequently, his external examination of the body took this into account and was part of his testimony. Erickson said he noted a small abrasion on the back of the victim’s right elbow and a small abrasion and contusion on the mid-forehead, from which he concluded that the victim had fallen to the ground after having been rendered unconscious by the gunshot wound to the head.

Erickson further testified that his examination revealed a through-and-through gunshot from the back of the head, in the hairline, with an exit wound located at the left forehead. In order to further examine and document his findings, Erickson said that the area around the wound was shaved and photographed. Erickson described State’s Exhibit No. 19 as a photograph of the face and forehead of the victim that included an area that had been shaved to reveal the exit wound with a ruler placed in the photo to indicate the correct scale of the depiction. Erickson identified State’s Exhibit No. 20 as a photo of the bullet entry-wound to the victim after having been cleaned and shaved to reveal the physical characteristics of the wound. State’s Exhibit No. 21 was identified by Erickson as a photo of the victim’s upper back and head with the bullet wound to the back of his head as he initially observed it.

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Bluebook (online)
99 S.W.3d 403, 352 Ark. 166, 2003 Ark. LEXIS 122, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matthews-v-state-ark-2003.