Wyles v. State

249 S.W.3d 782, 368 Ark. 646, 2007 Ark. LEXIS 103
CourtSupreme Court of Arkansas
DecidedFebruary 8, 2007
DocketCR 06-1031
StatusPublished
Cited by37 cases

This text of 249 S.W.3d 782 (Wyles 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
Wyles v. State, 249 S.W.3d 782, 368 Ark. 646, 2007 Ark. LEXIS 103 (Ark. 2007).

Opinion

Annabelle Clinton Imber, Justice.

A jury convicted Appellant Robert Wyles of second-degree murder in the death of his wife, Lisa Wyles, and sentenced him to twenty years in prison. We take jurisdiction of this appeal pursuant to Ark. Sup. Ct. R. l-2(a)(7) (2006), as this is Wyles’s second appeal. We reversed his first conviction of first-degree murder and remanded the case for retrial, holding that the circuit court erred in refusing Wyles’s proffered jury instructions on the lesser-included offenses of second-degree murder and manslaughter. See Wyles v. State, 357 Ark. 530, 182 S.W.3d 142 (2004). As his sole point for reversal in this appeal, Wyles contends that the circuit court erred in denying his motion for a directed verdict. We find no error and affirm the judgment of the circuit court.

As a threshold matter, we note that the State suggests that Wyles did not preserve his sufficiency challenge for appellate review. In particular, the State cites Thomas v. State, 330 Ark. 442, 954 S.W.2d 255 (1997), for the proposition that a defendant waives any reliance on a motion for directed verdict at the close of the State’s case if the defendant presents additional testimony. The rule of law cited by the State is, however, not dispositive when a defendant properly renews a directed-verdict motion after presenting a defense. Ark. R. Crim. P. 33.1 (2006). Here, Wyles renewed his directed-verdict motion as to the second-degree murder charge after presenting his defense. We therefore conclude that his challenge to the sufficiency of the evidence has been preserved for appellate review.

On appeal, a motion for directed verdict is reviewed as a challenge to the sufficiency of the evidence. Ross v. State, 346 Ark. 225, 57 S.W.3d 152 (2001). When reviewing the sufficiency of the evidence on appeal, this court does not reweigh the evidence but determines instead whether the evidence was substantial. Isom v. State, 356 Ark. 156, 148 S.W.3d 257 (2004) (quoting Hale v. State, 343 Ark. 62, 74, 31 S.W.3d 850, 857 (2001)). Substantial evidence is evidence, direct or circumstantial, that is forceful enough to compel reasonable minds to reach a conclusion one way or another and that goes beyond mere speculation or conjecture. Id. In determining whether there is substantial evidence, this court reviews the evidence in the light most favorable to the State. Id. Additionally, only evidence supporting the verdict is considered, and this court will affirm if there is substantial evidence supporting the verdict. Id.

Circumstantial evidence may constitute substantial evidence to support a conviction. Brunson v. State, 368 Ark. 313, 245 S.W.3d 132 (2006). Guilt can be established without direct evidence and evidence of guilt is not less because it is circumstantial. Id. The longstanding rule is that for circumstantial evidence to be substantial, it must exclude every other reasonable hypothesis than that of guilt of the accused. Id. Stated another way, circumstantial evidence provides a basis to support a conviction if it is consistent with the defendant’s guilt and inconsistent with any other reasonable conclusion. Id. Such a determination is a question of fact for the jury to determine. Id. We will disturb the jury’s determination only if the evidence did not meet the required standards, leaving the jury to speculation and conjecture in reaching its verdict. Id.

Wyles and the victim, Lisa, were married in 1981 and had three children together. In late 1999, Lisa left Wyles and moved in with a male co-worker, Jason Crow. However, by the spring of 2000, she had returned to live with her family. Hoping for a fresh start, Wyles quit his job, collected his profit-sharing benefits from his employer, and moved the family to Dover.

Despite his efforts, the couple’s relationship had deteriorated again by the following year. Wyles was unemployed, and they were experiencing financial problems. Lisa had begun to complain about their life in Dover, and Wyles became increasingly worried that she would leave him again. In August 2001, Wyles met Carolyn Carpenter Moser and began an intimate relationship with her. On Moser’s birthday in October, he gave her a ring and flowers and told Moser that, if Lisa left him again, she could move into his house.

A few days later, on Thursday, October 25, 2001, Wyles waked Lisa during the early morning hours and confessed to having an affair with Moser. The couple then discussed the situation with their daughter Trisha, and Lisa decided that she wanted to leave. But, by that afternoon, the couple told their daughter that they had reconciled. In the early evening, they drove Trisha to Benton where she planned to spend the weekend with a friend.

As to what transpired next, Wyles testified at trial that Lisa’s death was purely accidental. According to his testimony, he and Lisa spent a nice evening together after they dropped off Trisha in Benton and returned to Dover. The next morning, however, Lisa started arguing with him about Moser and began to hit and push him. In order to restrain Lisa, Wyles grabbed her in a headlock, spun her around, and slammed her down onto the foot of their bed. They hit the foot board, and Wyles fell on Lisa’s back. Moments later, Wyles realized that Lisa was not moving or breathing.

Instead of calling 911, Wyles panicked, wrapped Lisa in a comforter, and deposited her body in a closet. Later, he buried Lisa’s body in the backyard of his home and placed a large metal barrel on top of her grave. Wyles took most of Lisa’s personal belongings to a storage building rented in his name. He then used Lisa’s driver’s license to obtain her paycheck and cash the check at a local bank. A few days later, Wyles secured a check drawn on Lisa’s IRA account in the amount of $1,500.

On the evening after Lisa’s death, Wyles visited Moser and told her that Lisa had left him again and that he had taken her to meet Crow in Conway. Later that weekend, Wyles and Moser traveled to Tunica, Mississippi, where they shared a hotel room and were sexually intimate. On Sunday, Wyles and Moser returned to Arkansas and stopped in Benton to pick up his daughter, Trisha. To explain Lisa’s disappearance, Wyles told Trisha the same story that he had told Moser. Within a month, Moser had moved in with Wyles.

In November and December of 2001, James Fitzgerald, a friend of Wyles’s son, stayed at the Wyles home. During that time, Wyles asked Fitzgerald to drive his truck over the barrel, which Fitzgerald did not know was located on top of Lisa’s grave in the backyard. He instructed Fitzgerald to wait until nightfall and to leave the truck’s headlights off. Once Fitzgerald complied with his request, Wyles covered the barrel with sod.

In February 2002, Wyles and Moser moved to Knoxville, Tennessee. That same month, state and local law enforcement officers began investigating a missing person’s report on Lisa. Their investigation eventually led to the discovery of Lisa’s body and her personal belongings.

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Bluebook (online)
249 S.W.3d 782, 368 Ark. 646, 2007 Ark. LEXIS 103, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wyles-v-state-ark-2007.