Stevenson v. State, CR 12–697.

• Decision Date: 07 March 2013
• Docket Number: No. CR 12–697.,CR 12–697.
• Citation: 426 S.W.3d 416,2013 Ark. 100
• Parties: Marlin Dval STEVENSON, Appellant v. STATE of Arkansas, Appellee.
• Court: Arkansas Supreme Court

2013 Ark. 100

426 S.W.3d 416

Marlin Dval STEVENSON, Appellant

v.STATE of Arkansas, Appellee.

No. CR 12–697.

Supreme Court of Arkansas.

March 7, 2013.

M. Brian Miles, for appellant.

Dustin McDaniel, Att'y Gen., by: Kent G. Holt, Ass't Att'y Gen., for appellee.

JIM HANNAH, Chief Justice.

Marlin Dval Stevenson appeals a conviction for first-degree murder and sentence of life imprisonment. On appeal, he alleges that the circuit court (1) erred in denying his directed-verdict motion, (2) erred in denying his motion to suppress his statement, (3) abused its discretion in denying his motion for mistrial when the State disclosed Stevenson had invoked his right to counsel, (4) abused its discretion in denying his motions to exclude prior bad acts, and (5) abused its discretion in failing to exclude the plaster cast of the knife impression taken from a knife box. We find no error and affirm the conviction of first-degree murder and sentence of life imprisonment. Our jurisdiction is pursuant to Arkansas Supreme Court Rule 1–2(a)(2)(2012).

On the evening of August 17, 2011, Michael Fox was stabbed, and he died soon afterward. According to the testimony of Deputy Medical Examiner Dr. Steven Erickson, Fox suffered three stab wounds, one above the collarbone that cut his external jugular vein, one that severed his brachial artery on his arm, and one to the back of his chest wall that cut through the left side of one lung. Dr. Erickson testified that the primary cause of death was blood loss and a collapsed lung.

The following facts were adduced from the testimony at trial. On August 17, 2011, Stevenson was living with Fox and Fox's mother, Christina Atchley. Two of Atchley's grandchildren lived in the home as well. When Stevenson left the home that evening, Fox told Atchley that Stevenson had been smoking “weed” in the home while she was at work. When Stevenson returned to the home, Atchley spoke with Stevenson regarding Fox's concerns. After their conversation, Stevenson went outside and stated, “I'm gonna to show everybody I'm not a pussy anymore, I'm tired of this.” He came back into the house and went briefly into the bedroom that he and Atchley shared before again going outside. Atchley thought he had gone into the bedroom to get cigarettes. She testified, “[I]t seems like a few seconds later [Fox] opens the door and says, ‘Mom, I have been stabbed.’ ” Atchley testified that, after she put her grandchildren in a bedroom, she went outside and “all I could see—it was like a blur of [Stevenson] running towards the back of the house. And he didn't say anything or [sic] anything. He just took off.” Atchley attempted to call 911, but she was too upset. Fox then called 911. Atchley testified that, a couple of months earlier, she had seen a knife that Stevenson kept in a box beneath the bed. However, she did not see Stevenson retrieve the knife box or knife that evening.

Paragould Police Officer Tim Erickson took Fox's 911 call. He testified that Fox reported that he had been stabbed, and when asked who stabbed him, he stated, “Marlin Stevenson.” Mario Rios testified that on the night of August 17, 2011, Stevenson came to his house “out of breath” and “confused,” stating that he needed to talk. According to Rios, Stevenson said “he was in a fight with Christina's son and stated that, ‘I think I stuck him.’ ” Shane Pogue testified that he was living with Rios and was present in the home when Stevenson was there on August 17. Pogue testified that there was “a blood spot on the bottom” of Stevenson's grey shirt and that Stevenson “told me he had been in an altercation and stabbed somebody ... in the shoulder blade.” Pogue testified that when Stevenson came out of the bedroom, he had changed clothes. Rios testified that his fiancee washed Stevenson's clothes. Pogue went to the police department where he spoke with Paragould Lieutenant Mike Addison.

Addison proceeded to Atchley's house. He stated that he found a knife box on the floor in the bedroom. The knife box had a form where the knife fit in the box. He further stated that he found the lid to the knife box in the bedroom. The knife used to stab Fox was never found.

Evidence taken from Stevenson and the crime scene was analyzed. Kevin Soatag, of the Arkansas State Crime Lab testified that blood was found on Stevenson's right shoe, a spot “the size of the end of your pinkie.”

In a statement to Addison, Stevenson admitted that he and Fox had fought, but stated, “I didn't stick him. I didn't have no knife.” Stevenson admitted that the knife box was in the dresser drawer but alleged that he had sold the knife two months earlier and kept the box to use as a “stash box.” He denied opening the dresser drawer. Stevenson's statement also provided the following information:

Addison: Ok. Well, where'd you get the knife from?

Stevenson: I don't even know, I, I don't remember nothin like that as far as stabbin him. I'm serious.

...

Stevenson:.... I don't remember havin a knife in my hand....

...

Addison: Or you didn't have a knife.

Stevenson: I don't remember.

...

Stevenson:.... I don't know if I picked up the knife or not....

...

Addison: If it wadn't [sic] a knife, did you pick up some other kind of instrument a pair of scissors or anything like that?

Stevenson: I don't know....

...

Stevenson:.... it might have been a piece of metal....

...

Stevenson:.... I don't remember pickin up nothing and stabbin him with it....

...

Stevenson:.... if I stab him with somem [sic] I had to pick it up outside and I don't remember pickin up nothin ...

Stevenson: ... I probably did stick him, but I don't remember.

....

Stevenson: I didn't say I may, I told H–Town I might have.

...

Stevenson: .... when I got to 412 I didn't have nothin in my hand and I, you know if I did I dropped it.

Stevenson's argument at trial was that someone other than him had stabbed and killed Fox. Stevenson moved for a directed verdict, stating as follows:

Your Honor, at the close of the State's evidence. The defense will ask the Court not to submit the case to the jury, and to find that viewing the evidence in the light most favorable to the State that there is no basis on which the jury could find that my client is guilty of First Degree Murder. They have not presented any eyewitness testimony. They have not presented any murder weapon. And aside from the fact that he died by circumstances that they cannot otherwise attribute, they have offered no proof that my client is responsiblefor the death. We would ask for a directed verdict.

On appeal, we treat a motion for directed verdict as a challenge to the sufficiency of the evidence. See Anderson v. State, 2011 Ark. 461, at 3, 385 S.W.3d 214, 217. This court determines whether the verdict is supported by substantial evidence, direct or circumstantial. Id., 385 S.W.3d at 218. Substantial evidence is evidence that is forceful enough to compel a conclusion one way or the other beyond suspicion or conjecture. Id., 385 S.W.3d at 218. The evidence is viewed in the light most favorable to the verdict, and only evidence supporting the verdict will be considered. Id., 385 S.W.3d at 218.

A person commits first-degree murder if “[w]ith a purpose of causing the death of another person, the person causes the death of another person.” Ark.Code Ann. § 5–10–102(a)(2) (Repl.2006). “A person acts purposely with respect to his or her conduct or a result of his or her conduct when it is the person's conscious object to engage in conduct of that nature or to cause the result.” Ark.Code Ann. § 5–2–202 (Repl.2006).

The circuit court denied the motion based on Fox's statement to 911 that Stevenson had stabbed him and Pogue's testimony that Stevenson had told him that he (Stevenson) had stabbed someone. Atchley saw Stevenson fleeing the scene. Stevenson admitted to Rios that he had stabbed Atchley's son. Stevenson admitted to Pogue that he had stabbed someone. Blood was seen on Stevenson's shirt, and blood was found on his shoe. In his statement to Addison, Stevenson admitted that he might have stabbed Fox. There was evidence that Stevenson had kept a knife in his bedroom. He was seen going into the bedroom before the fight. A knife box and lid were found on the floor, implying that Stevenson went into the bedroom and got his knife. Substantial evidence supports the verdict, and there was no error in denying the directed-verdict motion.

Stevenson next asserts that the circuit court erred in denying his motion to suppress his statement because he had invoked the right to an attorney. After his arrest, Stevenson was taken to an interrogation room where he asserted his right to an attorney, and the interrogation was terminated. Addison testified as follows regarding a declaratory statement he made while taking Stevenson to a cell after terminating the interview upon Stevenson's invocation of the right to counsel:

As we were walking down the hall toward the holding cell, I made a statement that if you decide you ever want to talk to us, you would have to request that ... He asked me a question ... He would just have to fill out a written request and send it to us ... He said he would rather just go ahead and get this over with and talk to me now. He didn't want to have to go through that aspect of writin' a letter.

Stevenson cites this court to Edwards v. Arizona, 451 U.S. 477 [101 S.Ct. 1880, 68 L.Ed.2d 378] (1981), arguing that the circuit court should have suppressed his statement, because the statement was made after he had invoked his right to counsel. In that case, the United States Supreme Court stated as follows:

[W]e now hold that when an accused has invoked his right to have counsel present during custodial interrogation, a valid waiver of that right cannot be established by showing only that he responded to further police-initiated custodial interrogation even if he has been advised of his rights. We further hold that an accused, such as Edwards, having expressed his desire to...