Hickson v. State
| Decision Date | 22 February 1993 |
| Docket Number | No. CR,CR |
| Citation | 847 S.W.2d 691,312 Ark. 171 |
| Parties | William C. HICKSON, Appellant, v. STATE of Arkansas, Appellee. 92-602. |
| Court | Arkansas Supreme Court |
John M. Pickett, Paul L. Dickerson and Shannon Tuckett, Texarkana, for appellant.
Kent G. Holt, Asst. Atty., Little Rock, for appellee.
Appellant, William C. Hickson, appeals a judgment of the Miller Circuit Court convicting him of two counts of second degree murder and one count of first degree battery. The judgment was entered pursuant to a jury verdict and sentences appellant consecutively to terms of 20 years imprisonment for each murder conviction and 15 years imprisonment for the battery conviction. The total sentence is 55 years and our jurisdiction of this appeal is pursuant to Ark.Sup.Ct.R. 29(1)(b).
Appellant was originally charged with one count of capital felony murder and two counts of first degree battery in connection with a March 2, 1991, house fire involving a liquid accelerant. One victim, Raymond Call, was killed in the fire occurring on March 2, 1991. Another victim, Ralph Davis, was severely burned in the fire and died from complications of his burns on May 31, 1991. The third victim, Allen McClure, who is appellant's uncle, survived the fire but not without suffering severe burns. Following Davis' death, the felony information was amended to change the corresponding charge from battery to capital felony murder.
On appeal, appellant argues three points for reversal of the judgment. First, he argues the trial court erred in denying his motions for directed verdict on the capital felony murder charges. Second, he argues the trial court erred in admitting into evidence prejudicial photographs of the victims. Third, he claims the trial court erred in admitting into evidence a videotape of the crime scene showing Call's body in the burned house. We find no merit to these arguments and affirm the judgment of conviction.
Appellant's first argument is the trial court erred in denying his motions for directed verdict on the two charges of capital felony murder; the motions were made on grounds there was insufficient evidence of the underlying felony of arson. Appellant claims the state did not offer any proof that appellant possessed the mental state required for arson--purposefully causing property damage. Appellant acknowledges that the state offered some evidence that he intended to "burn someone up," but claims neither this evidence, nor any other that was presented, is evidence of his intent to cause property damage or to commit arson. Appellant claims that at most, the evidence presented supports only a charge of first degree murder. As there is no proof of the underlying felony of arson, argues appellant, there is insufficient proof of capital felony murder and the trial court should have directed a verdict on those charges.
The state responds with the argument that appellant was not prejudiced by any asserted error relating to the capital felony murder charges because the jury found appellant guilty only of second degree murder, not capital felony murder. Appellant counters the state's argument with the claim that he was prejudiced merely because the jury was qualified to impose the death penalty. He argues that because the jury was death qualified, it was prone toward convicting appellant and he was therefore prejudiced, even though he was acquitted of the capital felony murder.
We agree with the state that appellant was not prejudiced in this respect. Appellant's argument as to prejudice, that death qualified juries are prone to convict, is one that we have previously rejected. Ruiz v. State, 299 Ark. 144, 772 S.W.2d 297 (1989); Fretwell v. State, 289 Ark. 91, 708 S.W.2d 630 (1986). The United States Supreme Court has also rejected the argument and held that death qualified juries are constitutional. Lockhart v. McCree, 476 U.S. 162, 106 S.Ct. 1758, 90 L.Ed.2d 137 (1986).
Ordinarily, we treat a challenge to the denial of a motion for directed verdict as a challenge to the sufficiency of the evidence. Lukach v. State, 310 Ark. 119, 835 S.W.2d 852 (1992). However, we need not review the sufficiency of the evidence in the present case because appellant moved for a directed verdict only on the capital felony murder charges and the jury acquitted defendant of the capital felony murder charges by finding him guilty of second degree murder. Even if we were to determine the trial court erred in denying appellant's motions, the error would be rendered harmless by the verdict of guilt only as to second degree murder. If a defendant in a capital case does not receive the death penalty, he or she cannot obtain a reversal on appeal by pointing to errors relating to the jury's consideration of the death penalty. Ward v. State, 298 Ark. 448, 770 S.W.2d 109 (1989); Allen v. State, 296 Ark. 33, 751 S.W.2d 347 (1988). Accordingly, we hold that due to the jury's verdict of guilt only as to second degree murder, appellant was not prejudiced by any asserted error in the trial court's denial of the motions for directed verdict on the capital murder charges.
Appellant's second argument for reversal relates to the trial court's admission into evidence of six photographs. Appellant specifically challenges the admission of State's Exhibits 4, 7, 8, 18, 20, and 21. These exhibits depict the following:
(4) Allen McClure being treated by medical personnel (7) Raymond Call's body in the burned house;
(8) Raymond Call's body in the burned house; taken from a further distance;
(18) Ralph Davis' face prior to autopsy;
(20) Raymond Call's back prior to autopsy;
(21) Raymond Call's face and trunk prior to autopsy.
Appellant claims the photographs are gruesome, highly prejudicial, cumulative, and offered by the prosecution only to inflame the jury.
The photographs in question were all the subject of a pre-trial conference. The state proffered these photographs along with many others. Appellant stated his objections. After viewing the photographs and hearing arguments of counsel, the trial court denied appellant's motion in limine to exclude the photographs. At trial, the trial court again...
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Camargo v. State
...State, 290 Ark. 223, 718 S.W.2d 447 (1986). The same guidelines that apply to photographs also apply to videotapes. Hickson v. State, 312 Ark. 171, 847 S.W.2d 691 (1993). An essential element of these crimes was the degree of intent; to secure a conviction for capital murder, the State had ......
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Davis v. State, CR
...point. This court has on numerous occasions rejected the notion that death-qualified juries are unconstitutional. Hickson v. State, 312 Ark. 171, 847 S.W.2d 691 (1993); Fretwell v. State, 289 Ark. 91, 708 S.W.2d 630 (1986); Rector v. State, 280 Ark. 385, 659 S.W.2d 168 (1983), cert. denied ......
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Lard v. State
...Ark. R. Evid. 403. Video evidence is admissible “if it is relevant, helpful to the jury, and not prejudicial.” Hickson v. State, 312 Ark. 171, 176, 847 S.W.2d 691, 694 (1993). The same requirements for the admission of photographs apply to the admission of video evidence. Williams v. State,......
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Jackson v. State
...death-qualifying a jury results in a jury that is more prone to convict a capital defendant), as has this court. See Hickson v. State, 312 Ark. 171, 847 S.W.2d 691 (1993); Ruiz v. State, 299 Ark. 144, 772 S.W.2d 297 Finally, Jackson argues that the trial court should have granted his motion......