Vance v. State

• Decision Date: 02 June 2011
• Docket Number: No. CR 10–598.,CR 10–598.
• Citation: 2011 Ark. 243,383 S.W.3d 325
• Parties: Curtis Lavell VANCE, Appellant, v. STATE of Arkansas, Appellee.
• Court: Arkansas Supreme Court

2011 Ark. 243

383 S.W.3d 325

Curtis Lavell VANCE, Appellant,

v.STATE of Arkansas, Appellee.

No. CR 10–598.

Supreme Court of Arkansas.

June 2, 2011.

Janice W. Vaughn, Ark. Pub. Defender Comm'n, for appellant.

Dustin McDaniel, Att'y Gen., by: David R. Raupp, Sr. Ass't Att'y Gen., and Vada Berger, Ass't Att'y Gen., for appellee.

DONALD L. CORBIN, Justice.

Appellant Curtis Lavell Vance appeals the judgment of the Pulaski County Circuit Court entered pursuant to a jury verdict convicting him of capital murder, residential burglary, theft of property, and rape. Although the State sought the death penalty for the capital-murder charge, the jury sentenced Appellant to life imprisonment without parole. That sentence renders jurisdiction of this appeal properly in this court pursuant to Arkansas Supreme Court Rule 1–2(a)(2) (2011). For reversal, Appellant contends the circuit court erred by failing to suppress evidence derived from his DNA sample and statements he made to police officers; by allowing the introduction of evidence of other crimes; by excluding expert evidence vital to his defense; by failing to declare a mistrial due to prosecutorial misconduct during closing argument; and by failing to declare a mistrial after some members of the jury saw Appellant in prison garb and shackles. We find no error and affirm the judgment of convictions.

Because Appellant does not challenge the sufficiency of the evidence supporting his convictions, we need only recite the evidence presented that relates to the issues on appeal. See Davis v. State, 367 Ark. 330, 240 S.W.3d 115 (2006). Suffice it to say at this point that the crimes at issue here were the result of a single incident occurring in the victim's home in Little Rock, Arkansas, during the early morning hours of October 20, 2008. The victim, Anne Pressly, was discovered within hours after the crimes occurred, lying in her bed with critical injuries. She had multiple blunt-force injuries and lacerations to her face and head, defensive wounds to her hand, arms, and shoulder, as well as injuries to her anal and vaginal areas. She was hospitalized and died on October 25, 2008, without ever regaining consciousness. Her billfold, purse, and computer were missing from her home. DNA evidence recovered from the crime scene eventually led police to Appellant at his home in Marianna, Arkansas, on November 25, 2008. On appeal, Appellant challenges the investigators' initial contact with him at his home and the saliva sample and statements that followed; he also alleges errors in his trial.

I. Motion to Suppress Evidence and Statements

As his first point for reversal, Appellant contends the circuit court erred in denying his motion to suppress evidence derived from his saliva sample and four statements he gave to police officers. Appellant asserts that he was illegally seized at his residence and that his saliva and each statement taken thereafter was either fruit of that alleged illegality or involuntarily made. He brought his motion pursuant to the Fourth, Fifth, Sixth, and Fourteenth Amendments to the United States Constitution; article 2, sections 8 and 10 of the Arkansas Constitution; Rule 2.3 of the Arkansas Rules of Criminal Procedure; and Rules 401 through 404 of the Arkansas Rules of Evidence. At the conclusion of a three-day hearing, the circuit court ruled from the bench and denied the motion to suppress the evidence derived from his saliva sample and the four statements on both state- and federal-law grounds. ¹ When reviewing the denial of a motion to suppress evidence obtained from an alleged illegal seizure, or the denial of a motion to suppress a confession, this court conducts a de novo review based upon the totality of the circumstances, reversing only if the circuit court's ruling is clearly against the preponderance of the evidence. See Flanagan v. State, 368 Ark. 143, 243 S.W.3d 866 (2006) (denial of motion to suppress evidence from seizure); see also Grillot v. State, 353 Ark. 294, 107 S.W.3d 136 (2003) (denial of motion to suppress confession). Any conflict in the testimony of different witnesses is for the circuit court to resolve. Grillot, 353 Ark. 294, 107 S.W.3d 136.

A. November 25, 2008 Saliva Sample and Statement

The testimony and evidence presented at the suppression hearing revealed the following sequence of events leading up to Appellant's giving of his saliva sample and statement on November 25, 2008. On November 24, 2008, Detective J.C. White of the Little Rock Police Department learned from the Arkansas Crime Lab that the DNA from a hair recovered from the Pressly crime scene in Little Rock was linked to other DNA evidence from an unidentified suspect in the rape of a woman named Kristen Edwards in Marianna, Arkansas. Detective White immediately traveled to Marianna with Detective Greg Siegler, also of the Little Rock Police Department, and met with Sergeant Carl McCree, a detective in Marianna, and Ms. Edwards. Although Ms. Edwards had not seen the man who raped her, the investigation of her rape led to the development of a list of persons of interest. At this time Appellant was not on that list.

Detective White stated that there was a lot of follow-up that needed to be done, so the two detectives returned to Marianna the next day, November 25, 2008, along with two additional detectives from the Little Rock Police Department, Kevin Simpson and Stuart Sullivan, and FBI Agent John Brunell. At this point, Appellant's name was added to the list of persons of interest. According to Detective White, the investigation was in a weeding-out process or a process of eliminating suspects rather than developing suspects, and they proceeded to Appellant's home first, as it was only two blocks from the police station. The six officers representing three police agencies arrived at Appellant's residence in three unmarked police cars. They were not in uniform, but some did have their badges visible. While all officers were armed, none removed their weapons from their holsters.

Different officers went to different places around the residence upon their arrival. Detectives Simpson and Sullivan were the first officers to come in contact with Appellant, who was in a car in the back of the house. The officers asked Appellant who he was and then identified themselves to Appellant. They told Appellant they were investigating a rape and asked Appellant if he would mind coming down to the police station to talk to them. According to Detective Simpson, they asked Appellant “[i]f he would mind coming down to talk to us, we would give him a ride, and bring him back.” Detective Simpson also stated that they had the same conversation with Appellant's girlfriend, Sheanika Cooper, “[w]ould you mind coming down and talking to us at the police department, we'll give you a ride, and bring you back.” Both Appellant and Ms. Cooper were transported to the police station in separate vehicles. The testimony was in dispute as to whether Appellant was handcuffed during transport, but there was no dispute that he was not handcuffed or restrained while at the police station.

Once at the station, Appellant and Ms. Cooper were placed in different interrogation rooms. Appellant signed a consent form and gave his saliva sample for the purpose of ruling him out as a suspect in the rape. According to Detective White, Appellant stated that he wanted to clear his name. Detective White stated that he did not read Appellant his Miranda warnings because Appellant was not in custody at the time. He admitted that they did not have probable cause to arrest Appellant at that time, and Detective White acknowledged that there was nothing to even indicate that Appellant was a strong suspect at the time. Appellant gave a statement to the police that was recorded. Appellant then left the station. Detective White stated that they offered him a ride, but Appellant chose to walk the two blocks back home. Detective White gave Appellant his card, and Appellant stated that he would call them if he heard anything about the rape.

Some of the officers took Appellant's saliva sample with them when they returned to Little Rock later that day. Other officers remained in Marianna to continue the investigation's process of eliminating other persons of interest. Before setting forth the pertinent facts related to the other challenged statements, we first review the circuit court's ruling regarding the saliva sample and initial statement.

In deciding whether a seizure of a person has transpired, this court follows United States v. Mendenhall, 446 U.S. 544, 100 S.Ct. 1870, 64 L.Ed.2d 497 (1980). Shields v. State, 348 Ark. 7, 70 S.W.3d 392 (2002). “[A] person has been ‘seized’ within the meaning of the Fourth Amendment only if, in view of all the circumstances surrounding the incident, a reasonable person would have believed that he was not free to leave.” Flanagan, 368 Ark. at 151, 243 S.W.3d at 872 (quoting Mendenhall, 446 U.S. at 554, 100 S.Ct. 1870). The United States Supreme Court has listed examples of circumstances that might indicate a seizure, even where the person did not attempt to leave, such as “the threatening presence of several officers, the display of a weapon by an officer, some physical touching of the person of the citizen, or the use of language or tone of voice indicating that compliance with the officer's request might be compelled.” Mendenhall, 446 U.S. at 554, 100 S.Ct. 1870. “In the absence of some such evidence, otherwise inoffensive contact between a member of the public and the police cannot, as a matter of law, amount to a seizure of that person.” Shields, 348 Ark. at 13, 70 S.W.3d at 394 (quoting Mendenhall, 446 U.S. at 555, 100 S.Ct. 1870).Rule 2.3 of the Arkansas Rules of Criminal Procedure “does not require an explicit statement that one is not required to accompany the police; rather, the police only need to take such steps as are ‘reasonable to make clear that there is no...