Strong v. State

277 S.W.3d 159, 372 Ark. 404, 2008 Ark. LEXIS 112
CourtSupreme Court of Arkansas
DecidedFebruary 21, 2008
DocketCR 06-1346
StatusPublished
Cited by38 cases

This text of 277 S.W.3d 159 (Strong 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
Strong v. State, 277 S.W.3d 159, 372 Ark. 404, 2008 Ark. LEXIS 112 (Ark. 2008).

Opinion

Annabelle Clinton Imber, Justice.

Appellant Richard Leon Strong was convicted by a Greene County jury of two counts of rape and was sentenced to serve two consecutive life sentences. His attorney has filed a motion to withdraw as counsel and a no-merit brief, in accordance with Anders v. California, 386 U.S. 738 (1967), and Ark. Sup. Ct. R. 4-3(j)(l) (2007). Strong has submitted pro se points for reversal, pursuant to Ark. Sup. Ct. R. 4-3(j)(2), and the State has responded, pursuant to Ark. Sup. Ct. R. 4-3(j)(3). Our jurisdiction is in accordance with Ark. Sup. Ct. R. l-2(a)(2) (2007), because Strong received sentences of life imprisonment. We find no error in the court’s rulings below; therefore, we grant Strong’s counsel’s motion to withdraw and affirm the convictions.

K.M., the alleged victim, was fifteen years old at the time of the charged rapes. She grew up in the home of Strong and his wife, Thelma “Rose” Strong, after her biological mother left her in their care. K.M. lived with the Strong family from the time she was an infant, and, although she was never formally adopted, she considered the Strongs to be her parents. At the time of the charged rapes, Richard and Rose Strong had recently and temporarily separated; as a result, K.M. and Rose were staying in the apartment of Bertie Theodoropoulos, Richard’s mother.

On January 16, 2006, K.M. went to the Paragould Police Department to report that she had been raped by Strong. She was accompanied by the Strongs’ three biological daughters, as well as Bertie. K.M. reported two recent incidents of abuse, which formed the basis of the charges, but testified at trial that the abuse was ongoing and began when she was approximately six or seven years old. The first of the recent incidents was alleged to have occurred on January 10, 2006, in a room at the Sunset Motel in Paragould. According to K.M.’s trial testimony, Strong telephoned Bertie’s apartment that day to ask if he could take K.M. out to dinner and to a movie. K.M. agreed to eat with him, and, instead of seeing a movie, the two then shopped briefly at Wal-Mart. Strong then drove to the motel to pick up the key to the room, which he claimed to have rented in an effort to reunite with Rose. Strong urged K.M. to spend the night with him at the motel, but she refused. From the motel, Strong drove to a liquor store, where he purchased some alcohol and also bought a Dr. Pepper for K.M. The two then returned to the motel and entered the room he had rented. Each used the restroom separately. When K.M. exited the restroom, Strong had poured the soda into a glass for her and told her to drink it. K.M. noticed that the soda tasted odd and observed a white, chunky substance in the bottom of the glass. Strong then forced K.M. to have sexual intercourse with him. Afterward, he drove her back to Bertie’s apartment.

Nic Khan, the owner and manager of the Sunset Motel, testified that Strong rented a room at approximately 10:00 or 11:00 on the night in question. A registration form showing the rental was admitted into evidence. Rose, who testified for the defense, stated that she left with Strong after he returned K.M. to Bertie’s apartment that evening. She testified that they drove to McDonald’s to buy a milkshake for K.M., took the milkshake to the apartment, went to a liquor store, and finally went to the same room at the Sunset Motel. Rose stated that the two of them stayed at the motel and talked until early the next morning about their marital problems, in an attempt to reconcile. According to Rose’s testimony, she and Strong had sex in the motel room.

The second of the recent incidents was alleged to have occurred at Bertie’s apartment on the night of January 13, 2006. By this date, Strong was also residing in Bertie’s apartment with Rose and K.M. At approximately 7:00, Bertie and Rose, along with the Strongs’ daughter Crystal and her boyfriend, left the apartment to spend the evening at a local bar. K.M. was left alone in the apartment with Strong and Crystal’s infant daughter. Two of K.M.’s friends visited but only stayed at the apartment for approximately fifteen to twenty minutes. Sometime between 10:00 and 10:30, Crystal and her boyfriend arrived at the apartment to pick up the baby and then left. Shortly thereafter, Strong instructed K.M. to lock the front door and come into the bedroom. Strong forced K.M. to have sexual intercourse with him in Bertie’s bed. He then cleaned himself and the area with a sock. According to Bertie’s trial testimony, she and Rose returned to the apartment at approximately 10:30. At that time, K.M. and Strong were alone in the apartment.

K.M. gave the underwear that she wore on the evening of January 13 to the investigating officer, Detective Rhonda Thomas. In addition, Bertie gave Detective Thomas the unwashed fitted sheet from her bed and the sock that Strong had allegedly used to clean himself. Melissa Myhand, forensic DNA analyst at the Arkansas State Crime Laboratory, testified that, within all scientific certainty, the semen found on both the underwear and the sock originated from Strong. Epithelial cells found on the sock originated from K.M. Myhand testified that epithelial cells include skin cells, vaginal fluid, and cells obtained by oral swabs. No semen was found on the bedsheet.

K.M. was interviewed and examined on January 19, 2006, by Kathy Young, a nurse practitioner with considerable expertise in the area of sexual abuse of children. Young testified that her findings were consistent with K.M.’s allegations of sexual abuse. Specifically, Young noted a high level of estrogen effect, which suggests a long history of sexual abuse. She also observed an old injury to the hymen that was consistent with penetration at an early age.

Strong was formally charged in an information filed on February 23, 2006. An additional charge of incest was included but was dismissed before trial. Following the entry of judgment on August 17, 2006, Strong filed a timely pro se notice of appeal.

We first turn to the arguments made by Strong’s counsel in the no-merit brief. Counsel points to six rulings below that were adverse to Strong and explains why none provide a meritorious ground for reversal of the convictions.

I. Denial of Strong’s Directed- Verdict Motions

Counsel asserts that Strong’s directed-verdict motions were properly denied. This ruling is also discussed in Strong’s pro se points for reversal and in the State’s response. Thus, we will consider those arguments at this time as well. Although this ruling was not the first addressed by counsel or by Strong, double jeopardy considerations require this court to review a directed-verdict argument before other points are addressed. See Ramaker v. State, 345 Ark. 225, 46 S.W.3d 519 (2001).

We treat a motion for directed verdict as a challenge to the sufficiency of the evidence. Cluck v. State, 365 Ark. 166, 226 S.W.3d 780 (2006). This court has repeatedly held that in reviewing a challenge to the sufficiency of the evidence, we view the evidence in a light most favorable to the State and consider only the evidence that supports the verdict. Id. We affirm a conviction if substantial evidence exists to support it. Id.

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Cite This Page — Counsel Stack

Bluebook (online)
277 S.W.3d 159, 372 Ark. 404, 2008 Ark. LEXIS 112, Counsel Stack Legal Research, https://law.counselstack.com/opinion/strong-v-state-ark-2008.