Penelton v. State
| Decision Date | 25 October 1982 |
| Docket Number | No. CR,CR |
| Citation | 640 S.W.2d 795,277 Ark. 225 |
| Parties | Willie Lee PENELTON, Appellant, v. STATE of Arkansas, Appellee. 81-119. |
| Court | Arkansas Supreme Court |
Donald E. Hamilton, Forrest City, for appellant.
Steve Clark, Atty. Gen. by Matthew Wood Fleming, Asst. Atty. Gen., Little Rock, for appellee.
Appellant, Willie Lee Penelton, was convicted of capital murder and sentenced to death by electrocution. On appeal, we reverse the conviction and remand for a new trial.
Appellant and his girlfriend were walking along Highway 70 near Hicks Station, St. Francis County, shortly after noon on March 17, 1981. The murder victim, who was driving a dump truck, picked them up. They stopped shortly thereafter at a grocery store, where appellant purchased a six-pack of Schlitz beer with a five dollar bill which the victim gave him. The three of them continued down the highway toward West Memphis until the girlfriend stated that she needed to go to the bathroom. The victim pulled onto the shoulder of the road and the girlfriend walked into the woods.
The victim got out of the truck and asked appellant "how she was." Appellant replied that "she was all right" and the victim then went into the woods. After a short period of time, appellant followed them taking with him a tire tool. When he saw them, both were partially undressed and it appeared to appellant that the victim was attempting to have sex with the girlfriend. The victim tried to get up but appellant struck him several times with the tire tool. He then took approximately $40 from the victim and he and the girlfriend walked to a grocery store. Appellant paid one of the girlfriend's relatives to take them to appellant's apartment in West Memphis.
The victim's body was discovered between 1:00 p.m. and 3:00 p.m. by a local resident who immediately called the sheriff's department. Several deputies investigated the crime scene and found various items lying near the body, including the tire tool, a can of Schlitz beer, plugs of tobacco, and a snuff can.
Appellant first argues that the trial court erred in refusing to quash the jury panel because the jury panel was not made up of a cross section of the community. Testimony from the jury commissioners who chose the panel revealed that they had been instructed to exclude persons who could request to be excused under Ark.Stat.Ann. § 39-108 (Supp.1981). This statute provides:
Occupations excused--Necessity of objection.--The following persons will not be required to serve as grand or petit jurors if they object to serving and make their objections known to the court prior to being sworn:
(a) Practicing physicians, osteopaths, chiropractors, nurses, dentists, dental hygienists, and optometrists and pharmacists.
(b) Persons whose principal activity is that of a clergyman.
(c) Practicing attorneys and officers of a court.
(d) Persons 65 years of age and older.
(e) Persons actively employed as undertakers or embalmers.
(f) Active members of any fire department or fire company.
(g) Persons serving on active duty in the military service of the United States or the National Guard.
(h) Active members of any law enforcement agency.
(i) Members of the General Assembly, elected county officers and elected township officers. [Cites omitted]
Generally, the...
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Ruiz v. State
...reversed three cases that have not come back to us on appeal. Harmon v. State, 277 Ark. 265, 641 S.W.2d 21 (1982); Penelton v. State, 277 Ark. 225, 640 S.W.2d 795 (1982); Rhodes v. State, 276 Ark. 203, 634 S.W.2d 107 In six cases we have reduced the death penalty for various reasons. Henry ......
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Robertson v. State
...again, but we found error and reversed. None of the above cases have been presented on a second appeal, nor have Penelton v. State, 277 Ark. 225, 640 S.W.2d 795 (1982), and Rhodes v. State, 276 Ark. 203, 634 S.W.2d 107 (1982), which we reversed and remanded seven years ago. We reversed and ......
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Fretwell v. State
...on a second appeal. Neither have two cases we previously reversed and remanded, before Ruiz, come before us again. Penelton v. State, 277 Ark. 225, 640 S.W.2d 795 (1982); Rhodes v. State, 276 Ark. 203, 634 S.W.2d 107 (1982). We reversed the death sentence in Harmon v. State, 277 Ark. 265, 6......
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Adams v. State, 58253
...uses ill-defined and subjective criteria." State v. Jacko, 444 So.2d 1185, 1188 (La.1984). To the same effect is Penelton v. State, 277 Ark. 225, 640 S.W.2d 795, 796 (1982). Our recent decision in Avery v. State, (Miss.No.58022, dec. Nov. 2, 1988) (petition for rehearing pending on other gr......