Williams v. State

2009 Ark. 433, 373 S.W.3d 237, 2009 Ark. LEXIS 595
Supreme Court of Arkansas·Decided September 24, 2009·No. No. CR 08-356·Published·Cited by 7 cases

Opinion

PAUL E. DANIELSON, Justice.

I, Appellant Robert Lee Williams Jr. a/k/a R.J. Williams, appeals from his convictions for capital murder, residential burglary, and aggravated robbery and his sentence to life imprisonment without parole. He asserts three points on appeal: (1) that the circuit court erred in refusing to allow his parents to testify more fully regarding his childhood and mental condition; (2) that the circuit court erred in denying his Bat-son challenges to five jurors; and (3) that the circuit court erred in denying his motion in limine. We affirm Williams’s convictions and sentence.

Williams does not challenge the sufficiency of the evidence; therefore, only a brief recitation of the facts and evidence is necessary. On the morning of July 15, 2004, James “Booger” Cummings, who was eighty years old, was found dead by his wife in his bed at their home in Prescott, Arkansas. He had suffered a blow to his head and gunshot wounds, |gand the Cummingses’ home had been ransacked. During the investigation of a murder in Arkadelphia, Arkansas, Williams was determined to be a suspect in both crimes and was brought in for questioning. He admitted to being a participant, along with three others, in Mr. Cummings’s robbery and death, and he admitted to shooting Mr. Cummings once in the back. Williams was subsequently tried by a jury, and, as already noted, was convicted of capital murder, aggravated robbery, and residential burglary and was sentenced to life imprisonment without parole. He now appeals.

I. Parents’ Testimony

Williams, for his first point on appeal, argues that the circuit court erred in precluding his parents from testifying further regarding his childhood and his mental capabilities. He points to his proffer of the testimony that his mother and father would have given, specifically, that he had been in special resource classes during his schooling, had received disability from Social Security, and was embarrassed about taking medications. Citing one case, he contends that where there is conflicting testimony concerning a defendant’s sanity at the time of the offense, the issue is one of fact for the jury to decide. The State responds that Williams’s argument is barred from our consideration due to the fact that it is unsupported by explanation or citation to authority and because it is not apparent from his argument what error followed or what prejudice he suffered by the circuit court’s limitation of the testimony. In the alternative, the State avers, the circuit court did not err as Williams did not raise the defense of mental disease or defect, nor did he demonstrate or argue how he was prejudiced |3by the exclusion of the proffered testimony.

We agree that the issue is not properly presented for our review. Here, Williams asserts that his parents should have been allowed to testify further regarding his mental abilities and his childhood. However, a review of his argument in his brief reveals that he has failed to cite to any authority for this proposition. While Williams does cite to one case, Teater v. State, 89 Ark.App. 215, 201 S.W.3d 442 (2005), that case does not support his argument on appeal. In Teater, the issue presented to our court of appeals was whether the circuit court erred in refusing to instruct the jury on mental disease or defect. The court of appeals held that the circuit court so erred, as conflicting testimony was presented regarding Teater’s lack of capacity. It further observed that

[mjental disease or defect is an affirmative defense and the burden rests upon the appellant to prove that he lacked the capacity, as a result of mental disease or defect, to conform his conduct to the requirements of the law or to appreciate the criminality of his conduct. To entitle the appellant to a jury instruction on mental disease or defect, there must be some indication from the evidence that he lacked the appreciation that sane men have of what it is they are doing and of its legal and moral consequences.
Where there is conflicting testimony on the question of a defendant’s sanity at the time of the offense, the issue is a fact question for the jury to decide.

89 Ark.App. at 220, 201 S.W.3d at 445 (internal citations omitted).

Our review of the record reveals that while Williams moved for and was granted a mental evaluation, he did not raise the defense of mental disease or defect in accord with Arkansas Code Annotated § 5-2-304 (Repl.2006). Thus, Teater is inappo-site. This court has held, even in capital cases, that where the party fails to cite to authority or fails to provide | convincing argument, it will not consider the merits of the argument. See Springs v. State, 368 Ark. 256, 244 S.W.3d 683 (2006). Because Williams failed to cite this court to any convincing authority for his proposition, we decline to address his argument on this issue.

II. Batson Challenges

For his second point on appeal, Williams urges that the circuit court erred in denying his Batson challenges to five potential jurors: Evans, Pearson, Box, Dixon, and Malone. He contends that the reasons given by the prosecutors for the strikes were not valid and were pretextual. The State counters that the explanations given by prosecutors in response to Williams’s challenges were race-neutral and that Williams has failed to demonstrate a discriminatory intent on the prosecutors’ part.

We have previously outlined our three-step procedure for making challenges under Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986). Under Batson,

a prosecutor in a criminal case may not use his peremptory strikes to exclude jurors solely on the basis of race. Travis v. State, 371 Ark. 621, 269 S.W.3d 341 (2007); Ratliff v. State, 359 Ark. 479, 199 S.W.3d 79 (2004). In determining whether such a violation has occurred, a three-step analysis is applied. The first step requires the opponent of the peremptory strike to present facts that show a prima facie case of purposeful discrimination. Stokes v. State, 359 Ark. 94, 194 S.W.3d 762 (2004). This first step is accomplished by showing the following: (a) the opponent of the strike shows he is a member of an identifiable racial group; (b) the strike is part of a jury-selection process or pattern designed to discriminate; and (c) the strike was used to exclude jurors because of their race. Id. (citing MacK-intrush v. State, 334 Ark. 390, 978 S.W.2d 293 (1998)).

Free access — add to your briefcase to read the full text and ask questions with AI

Williams v. State, 2009 Ark. 433, 373 S.W.3d 237, 2009 Ark. LEXIS 595 (Ark. 2009).

2009 Ark. 433 (Williams v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Christopher Burns v. State of Arkansas
2023 Ark. App. 309 (Court of Appeals of Arkansas, 2023)
Robert Lee Williams, Jr. v. State of Arkansas
2022 Ark. 106 (Supreme Court of Arkansas, 2022)
Nunn v. State
2015 Ark. 394 (Supreme Court of Arkansas, 2015)
Holland v. State
2015 Ark. 318 (Supreme Court of Arkansas, 2015)
Howard v. State
386 S.W.3d 106 (Court of Appeals of Arkansas, 2011)
Williams v. Arkansas
176 L. Ed. 2d 194 (Supreme Court, 2010)
Stewart v. State
373 S.W.3d 387 (Court of Appeals of Arkansas, 2010)