Sutherland v. State, CR
| Decision Date | 04 May 1987 |
| Docket Number | No. CR,CR |
| Citation | 728 S.W.2d 496,292 Ark. 103 |
| Parties | Jerry Lee SUTHERLAND, Appellant, v. STATE of Arkansas, Appellee. 86-177. |
| Court | Arkansas Supreme Court |
William R. Simpson, Jr., Public Defender by Steff Padilla, Deputy Public Defender, Little Rock, for appellant.
Steve Clark, Atty. Gen. by J. Blake Hendrix, Asst. Atty. Gen., Little Rock, for appellee.
At issue in this case is the admissibility of a statement made by appellant, Jerry Lee Sutherland. The statement concerned a burglary and was made while Sutherland was incarcerated on a drug charge and without benefit of counsel, even though an attorney had been appointed for Sutherland with reference to the drug charge. The trial court ruled the statement was admissible. Because of a deficient abstract, we are not able to reach this issue on appeal. Accordingly, the judgment of the trial court is affirmed.
The facts, as revealed by the abstract, are as follows. While investigating a gas station burglary, the police interviewed Sutherland. He denied any involvement and the police searched his house and his car. One of the officers found some drugs in Sutherland's house and arrested him for possession of a controlled substance with intent to deliver. Sutherland was incarcerated on the drug charge, arraigned, and appointed an attorney. While still incarcerated on the drug charge, police interrogated him about the burglary. Sutherland was advised of his rights, signed a waiver form, and indicated he did not want an attorney. He then made the statement described in appellant's brief as "inculpatory."
At an omnibus hearing on the burglary charge, Sutherland's attorney learned for the first time that another attorney had been appointed to represent his client on the drug charge before the "inculpatory" statement was taken. In light of this information, the attorney made an oral motion to suppress the statement. The trial judge questioned Sutherland, who admitted that he did not ask for an attorney before the interrogation, although he knew he had a right to one. The judge ruled the statement was admissible.
Sutherland argues on appeal that his statement was inadmissible because it was taken in violation of his sixth amendment right to counsel. There is, however, an obstacle to our ability to review Sutherland's contention. There is no abstract of Sutherland's statement. For this reason we do not know if it was "inculpatory". The record on appeal is confined to that which is abstracted. Adams v. State, 276 Ark. 18, 631 S.W.2d 828 (1982). Without knowing the contents of the statement, this court cannot assess the impact its admission had on Sutherland's trial, nor can we determine whether prejudice resulted. We have held that when an error is alleged, prejudice must be shown, since we do not reverse for harmless error. Berna v. State, 282 Ark. 563, 670 S.W.2d...
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Gardner v. Norris
...Supreme Court responded by noting that it no longer followed the rule as outlined in Graves, and the court cited Sutherland v. State, 292 Ark. 103, 728 S.W.2d 496 (1987), for the proposition that harmless error would not prompt reversal of a trial court. Gardner v. State, 296 Ark. 41, 53-54......
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Gardner v. State, CR
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Biggers v. State
...Walker. Additionally, appellant failed to show how he was prejudiced by the seating of a juror in place of Walker. Sutherland v. State, 292 Ark. 103, 728 S.W.2d 496 (1987). Walker was excused for cause following an in camera hearing during which she admitted that she had once been held over......