Taylor v. State

2010 Ark. 372, 372 S.W.3d 769, 2010 Ark. LEXIS 468
CourtSupreme Court of Arkansas
DecidedOctober 7, 2010
DocketNo. CR 10-50
StatusPublished
Cited by23 cases

This text of 2010 Ark. 372 (Taylor 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
Taylor v. State, 2010 Ark. 372, 372 S.W.3d 769, 2010 Ark. LEXIS 468 (Ark. 2010).

Opinions

JIM GUNTER, Justice.

liAppellant appeals his convictions for capital murder and kidnapping, for which he received sentences of death and life imprisonment, respectively. On appeal, he argues that the circuit court erred in (1) denying his motion for directed verdict, (2) refusing to declare Christina Head an accomplice as a matter of law and refusing to submit the issue to the jury, (3) denying his motion to quash the felony information based on the unconstitutionality of the death penalty statute, and (4) allowing prosecutorial misconduct. Because this is a criminal appeal in which the death penalty has been imposed, this court has jurisdiction pursuant to Ark. Sup. Ct. R. 1 — 2(a)(2). We affirm.

On October 15, 2008, several friends on a mud ride in a rural, wooded area of Saline County discovered the body of Derrick Utsey in the middle of a logging road. Detective Aaron Washington of the Saline County Sheriffs Department testified that he observed the victim’s body at the crime scene. He noticed that the victim was not wearing shoes; his |2pockets were turned out; his shirt was pulled up to his chest; he had black electrical tape and a sock around his neck; and he had a gunshot wound to the left side of his head. Detective Washington stated that he found footprints and tire-print impressions near the body, as well as several beer cans. There was no identification, wallet, or money on the victim. Once the body had been identified, the investigation focused on who the last person was to see him. Detective Washington testified that, based on a tip from an FBI agent, he contacted David Head, the father of Christina Head, who stated that his daughter was appellant Jason Taylor’s girlfriend and that she had information about the crime. Detective Washington stated that he spoke to Christina on November 6, 2008. He stated that during the meeting, she was emotional and fearful. She told the detective that she and appellant had met Utsey in the parking lot of a Little Rock motel and that appellant had given Utsey a ride. She said that several hours later, appellant contacted her and told her he had shot Utsey. She gave a description of Utsey that matched the body found in the woods. Detective Washington secured an arrest warrant for appellant based on Head’s statement.

Detective Washington interviewed appellant on November 10 following his arrest. The detective testified that appellant freely and voluntarily waived his right to an attorney and that he did not appear to be under the influence of drugs or alcohol at the time of his statement. During that statement, appellant admitted that the property where the body was found was on his deer lease.

During her testimony, Christina Head identified appellant in the courtroom and stated that in October 2008, she had been his live-in girlfriend. She explained that on October 12, |s2008, she stayed at the Best Value Inn on Scott Hamilton in Little Rock after she and appellant had an argument. Head produced a receipt from that motel stay, and both parties stipulated that the receipt was accurate. Head stated that while she was staying at the motel, appellant came to see her. She identified the victim, Derrick Utsey, as a man whom she saw in the parking lot of the motel prior to appellant’s arrival. Later, she saw the two men talking and heard Utsey ask for a ride. She stated that she also heard Utsey ask for drugs. She testified that she overheard Utsey tell appellant that he had $500 in his pocket. She said that appellant was driving a black truck that night that he had borrowed from Brad Carter. She stated that later, appellant and Utsey left in the truck. She said that a couple of hours later, appellant called her and asked her to gather all her stuff and come meet him. Head testified that she did so and that appellant was still in the same truck but that Brad Carter was also with him. She described appellant as “shocked” and “frightened.” Utsey was no longer present. She testified that appellant made several incriminating statements to her that night after he had returned, including that he had shot the victim after Brad had beat him. Appellant stated that they had tied the man up but did not explain how he was restrained. Appellant also admitted to Head that they dumped the victim in the woods. Appellant gave her several explanations for his actions, including that he thought Utsey had robbed him, that Utsey had “screwed” him out of some money, and that he thought Utsey was “messing” with her. Appellant described how Utsey begged for his life. Appellant stated that he and Brad had burned their clothes at Buster Logan’s house. Appellant also showed Head the gun he said he had used to shoot Utsey. She described the gun as an “old western looking” revolver.

[Head testified that appellant wanted her to secure another motel room, so she checked into the Executive Inn in the early morning hours of October 14. Head produced a receipt for that stay as well. After checking in, she and appellant dropped the truck off at Buster Logan’s house. She described how appellant cleaned out the interior of the truck. She stated that although appellant told her later that he had disposed of the gun in a lake, he eventually admitted that he had kept the gun and it was on him when he was pulled over for speeding. She said that he admitted throwing the gun out the window of the moving vehicle.

Head explained that she had confessed to her father what she had seen and what appellant had told her, and her father convinced her to go to authorities. At the time she gave her statement to police, Head was living with appellant and his family. She stated that she was scared but in love with him. After giving her statement, she moved in with a friend. She testified that she and appellant continued to have contact after he was arrested. The two wrote many letters to each other during that time, which Head kept. The court allowed into evidence the letters appellant had written to Head during his incarceration. As to the content of the letters, appellant asked Head not to testify in court or else he will “get the death sentence,” asked her not to “say something stupid to the police or [his] lawyer,” mentioned the two getting married or signed the letters as her husband, told her to “fix what you said to the police,” said that the reason he committed the crime was “because I love you and I thought he was fucking with you,” encouraged her to blame Brad Carter for the murder, and stated that he will probably kill himself. Head stated that she felt pressured by appellant’s letters. She explained that he had told her to give him an alibi if questioned by the police.

[Head stated that she was asked to talk with appellant’s attorney. She testified that during that interview, she and the attorney were the only people present. She explained that she and appellant’s attorney went over appellant’s statements and that she agreed with everything that was said because she was scared. She stated that she did not swear or take an oath to tell the truth when she met with appellant’s attorney. She testified that her statement to the defense attorney was not truthful. On cross-examination, Head stated that although her statement to appellant’s attorney was notarized, she did not realize she was giving a sworn statement. Head admitted she wrote appellant several letters while he was incarcerated stating that she had lied to police about his involvement in the crime. Head claimed she wrote those things because she loved appellant and because she was scared.

Brad Carter, a codefendant in the case, testified on behalf of the State.

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Bluebook (online)
2010 Ark. 372, 372 S.W.3d 769, 2010 Ark. LEXIS 468, Counsel Stack Legal Research, https://law.counselstack.com/opinion/taylor-v-state-ark-2010.