Schnarr v. State
Decision Date | 26 January 2017 |
Docket Number | No. CR-16-165,CR-16-165 |
Parties | CHRIS AARON SCHNARR APPELLANT v. STATE OF ARKANSAS APPELLEE |
Court | Arkansas Supreme Court |
APPEAL FROM THE PULASKI COUNTY CIRCUIT COURT
AFFIRMED IN PART; REVERSED AND REMANDED IN PART.
A jury in the Pulaski County Circuit Court found appellant Chris Aaron Schnarr guilty of manslaughter for which he received a sentence of ten years' imprisonment. For reversal, Schnarr asserts that the circuit court erred by (1) excluding testimony about the victim's character and previous acts of violence; (2) refusing to declare a mistrial when it was discovered that the court's bailiff had barred members of his family from the courtroom during voir dire; and (3) rejecting instructions on negligent homicide and imperfect self-defense. We granted Schnarr's motion to transfer the appeal to us from the court of appeals in light of his request to overrule precedent established by this court. Therefore, our jurisdiction is pursuant to Arkansas Supreme Court Rule 1-2(b)(5). After considering his arguments, we affirm in part and reverse and remand in part for a new trial.
The record reflects that on Saturday, May 11, 2013, Schnarr was driving from North Little Rock when he exited Interstate 30 at Sixth Street and almost collided with a tan SUV that did not yield the right of way. The victim, Arista Aldridge, was the driver of the tan SUV, which was also occupied by Aldridge's girlfriend, Alice Bryant, and their son. As the vehicles drove parallel to one another down the street, Schnarr and Aldridge exchanged profanities and hand gestures through their opened windows. Schnarr turned right onto Sixth Street and into the outside lane. The tan SUV followed in the inside lane of Sixth Street and then pulled in front of Schnarr's vehicle and abruptly stopped. Aldridge, who was not armed, emerged from the SUV and approached Schnarr's vehicle. According to Schnarr, Aldridge was yelling and waving his arms around, and Aldridge also poked Schnarr in the face with his finger. Witnesses to the altercation testified that Aldridge backed away from Schnarr's vehicle. In his testimony, Schnarr stated that Aldridge started to move back toward Schnarr's vehicle and that he pointed his handgun at Aldridge and told Aldridge to leave. Schnarr testified that, when Aldridge did not stop, he fired two shots at Aldridge, who was approximately six feet away from him. He said that Aldridge staggered but regained his balance and advanced toward him again, at which point Schnarr shot at Aldridge a third time. Aldridge fell to the ground and later died. Schnarr had shot Aldridge once in the abdomen and again on the side of Aldridge's right arm. The wound to the abdomen proved to be fatal.
In his testimony, Schnarr, who possessed a concealed-carry permit, also explained that he has a condition called Total Situs Inversus and that he suffers from a faulty heart valve that has required surgical repair. He testified that his heart condition restricted his activities and prohibited him from playing contact sports. Schnarr stated that he did not see Aldridge with a weapon. In his statement to the police, Schnarr informed the officers that Aldridge had not said that he had a gun, nor had Aldridge threatened to do bodily harm.
The prosecuting attorney charged Schnarr with the offense of first-degree murder. The circuit court gave instructions on the lesser-included offenses of second-degree murder and manslaughter, as well as an instruction on justification, commonly known as self-defense. The jury found Schnarr guilty of manslaughter and sentenced him as previously stated in this opinion.1 This appeal followed.
Schnarr first argues on appeal that the circuit court erred by excluding evidence of specific instances of Aldridge's past violent conduct that were unknown by him. Schnarr sought to introduce evidence concerning incidents of violence that Aldridge had directed toward Bryant, which had prompted her to obtain orders of protection against Aldridge. He asserts that such evidence is admissible as an essential element of his defense of justification, and he urges this court to overrule our previous decisions limiting the admission of specific instances of a victim's prior violent conduct to those incidents that are within the knowledge of the accused. Schnarr maintains that our decisions on this topic represent a minority view among courts in other jurisdictions. Further, he contends that our caselaw is contrary to Arkansas Code Annotated section 5-2-607 (Supp. 2015), whichsets forth the defense of justification, and he asserts that if the General Assembly had wished to exclude this evidence, it would have done so rather than leave it to the courts to impose such a restriction.
Initially, we reject out of hand Schnarr's assertion that the exclusion of the proposed evidence is not contemplated by section 5-2-607. This statute delineates the substantive components of the defense of justification. It is not a rule of evidence. Pursuant to section 3 of amendment 80 to our constitution, rules regarding pleading, practice, and procedure are solely the responsibility of this court. C.B. v. State, 2012 Ark. 220, 406 S.W.3d 796. The rules of evidence are rules of pleading, practice, and procedure that fall within the exclusive domain of this court. See Nelson v. State, 2011 Ark. 429, 384 S.W.3d 534. Consequently, Schnarr's claim that the statute poses no bar to the admission of the evidence is misplaced.
In Montague v. State, 213 Ark. 575, 211 S.W.2d 879 (1948), we succinctly stated our position on the admissibility of character evidence concerning the victim when self-defense is asserted:
Pope, 262 Ark. at 481-482, 557 S.W.2d at 890 (quoting 40 Am. Jur. 2d Homicide, § 306 (1968)).
Schnarr refers to cases from other jurisdictions which hold that specific instances of the victim's violent conduct are admissible as proof of who was the aggressor, even if the defendant possesses no knowledge about the incidents. See, e.g., State v. Hill, 885 S.W.2d 357 (Tenn. Crim. App. 1994). However,...
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...lawmakers have broad latitude under the Constitution to establish rules excluding evidence from criminal trials." Schnarr v. State , 2017 Ark. 10, at 8, 2017 WL 374727 (internal citations omitted). Indeed, the Constitution permits judges to exclude evidence that is "repetitive ..., only mar......
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Schnarr v. State
...and sentenced him to ten years' imprisonment. Schnarr appealed. We recount the facts from our opinion in that appeal, Schnarr v. State , 2017 Ark. 10, 2017 WL 374727 ( Schnarr I ) as follows:The record reflects that on Saturday, May 11, 2013, Schnarr was driving from North Little Rock when ......
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...repetitive, only marginally relevant, or poses an undue risk of harassment, prejudice, or confusion of the issues." Schnarr v. State , 2017 Ark. 10, at 8, 2017 WL 374727 (internal quotation marks omitted). In other words, a defendant has no constitutional right to confuse the jury. Kellensw......
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