Threadgill v. State

69 S.W.3d 423, 347 Ark. 986, 2002 Ark. LEXIS 154
CourtSupreme Court of Arkansas
DecidedMarch 14, 2002
DocketCR 01-785
StatusPublished
Cited by31 cases

This text of 69 S.W.3d 423 (Threadgill 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
Threadgill v. State, 69 S.W.3d 423, 347 Ark. 986, 2002 Ark. LEXIS 154 (Ark. 2002).

Opinion

R AY THORNTON, Justice.

Appellant, Marcus Threadgill, was convicted in Miller County Circuit Court of first-degree murder and sentenced to thirty-three years’ imprisonment. Appellant appealed his conviction to the court of appeals, asserting two arguments: (1) that the trial court erred when it allowed the introduction of extrinsic evidence to impeach a witness who had admitted that she lied when she gave a statement to police, and (2) that the trial court erred in admitting the eyewitness testimony of Christopher Parker. The court of appeals affirmed the conviction. See Threadgill v. State, 74 Ark. App. 301, 47 S.W.3d 304 (2001).

We granted appellant’s petition for review, pursuant to Ark. Sup. Ct. R. l-2(e)(ii). When we grant a petition for review of a decision from the court of appeals, we review the findings of the trial court as though the appeal had originally been filed with this court. Laime v. State, 347 Ark. 142, 60 S.W.3d 464 (2001). We find no reversible error, and we affirm the trial court for somewhat different reasons than those relied upon by the court of appeals.

Appellant does not challenge the sufficiency of the evidence to support the conviction, so our recitation of the facts will be concise. Appellant stipulated that he was in the car being driven by the victim, Larry Roberson, at the time the victim was shot in the back of his head. Christopher Parker testified that he was riding in the passenger seat and that the appellant, who was in the back seat, shot the victim. Forensic evidence showed that the victim, while seated in the driver’s seat, was killed by a bullet that entered the back of his head and exited toward the steering wheel.

Witness for the State, Tequila Hall, made a taped statement to the police where she stated that she overheard the appellant say that he “shot that dude.” At trial, Ms. Hall testified that she did not remember overhearing such a statement by appellant; further that she did not remember making any statement to the officers; and that if she did make such a statement, she was lying, in an effort to get the police to leave her alone. The trial court ruled that the taped statements (exhibits 25 and 26) were admissible to impeach the witness on the basis of her prior inconsistent statements.

Appellant’s first point on appeal asserts that the trial court committed reversible error in allowing the use of Hall’s earlier inconsistent statements to improperly impeach a witness. Before reaching the merits of this contention, we note that the State argues that no proper objection to the use of this earlier statement was timely made by appellant.

We will not consider an argument raised for the first time on appeal. Ayers v. State, 334 Ark. 258, 975 S.W.2d 88 (1998). To preserve an argument for appeal, there must be an objection in the trial court that is sufficient to apprise the court of the particular error alleged. Id. Furthermore, the basis for objection on appeal must be the same basis for objection as at the trial court level. Id.

In the case before us, appellant objected to the admission of Tequila Hall’s taped statement, exhibit 25, on the basis of Ark. R. Evid. 613(b). We review allegations of evidentiary errors under the abuse-of-discretion standard. Parker v. State, 333 Ark. 137, 968 S.W.2d 592 (1998). The trial court has broad discretion in its evidentiary rulings; hence, the trial court’s findings will not be disturbed on appeal unless there has been a manifest abuse of discretion. Id.

Arkansas Rule of Evidence 613(b) states:

Extrinsic evidence of a prior inconsistent statement by a witness is not admissible unless the witness is afforded an opportunity to explain or deny the same and the opposite party is afforded an opportunity to interrogate him thereon, or the interests of justice otherwise require. This provision does not apply to admissions of a party-opponent as defined in Rule 801(d)(2).

Appellee contends that at trial the basis for objection was Ark. R. Evid. 613(b), and therefore any other objection the Appellant may assert upon review has not been preserved. Appellant agrees that the objection was based on 613(b), but contends further that the objection asserted upon review, is based upon an interpretation of Rule 613(b) as established by case law. We agree that the issue of the admissibility of Hall’s first taped statement, exhibit 25, was properly raised for our review by the appellant’s objection on the basis of Rule 613(b) and we turn to the merits of the trial court’s ruling.

Rule 613 of the Arkansas Rules of Evidence permits extrinsic evidence of prior inconsistent statements of a witness for the purpose of impeachment if the witness is afforded the opportunity to explain or deny the statement, and does not admit having made it, and the other party is afforded the opportunity to interrogate the witness on that statement. Kennedy v. State, 344 Ark. 433, 42 S.W.3d 407 (2001). If the witness, however, admits making the prior inconsistent statement, then extrinsic evidence of that statement is not admissible. Id; Ford v. State, 296 Ark. 8, 753 S.W.2d 258 (1988); Gross v. State, 8 Ark. App. 241, 650 S.W.2d 603 (1983). Here, Ms. Hall did not unequivocally admit that her prior statement to the police was a lie. She testified that she could not remember her earlier testimony and then stated that she did not remember making the statement, or, that if she made the statement it was a lie. The following colloquy occurred:

STATE’S ATTORNEY: Okay. But you don’t remember telling any of those officers that this defendant told you he shot that dude?
Ms. Hall: No. If I said it, it’s not true.
State’s attorney: Okay. Why would you go to the police and tell them something that wasn’t true?
Ms. HALL: Because at the time I was scared. I had, I’ve been in trouble myself. I had a lot of stuff on me, and I figured I would get in trouble, or they might use that against me or somethin’.

Her testimony left doubt as to whether she admitted that the earlier statement was a lie, as required by the case law interpreting Rule 613(b). Under the circumstances, the trial court was not in error, nor did it abuse its discretion in admitting exhibit 25 for purposes of impeachment of her own testimony at trial. On that point, we affirm the trial court.

The trial court also admitted exhibit 26, Tequila Hall’s taped statement from May 14, 1998.

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Bluebook (online)
69 S.W.3d 423, 347 Ark. 986, 2002 Ark. LEXIS 154, Counsel Stack Legal Research, https://law.counselstack.com/opinion/threadgill-v-state-ark-2002.