Burnell v. State
2016 Ark. App. 10
Ark. Ct. App.2016Background
- Defendant Anthony Burnell was charged with first-degree murder for the October 2013 killing of Christopher Howard; trial occurred August 7, 2014 in Garland County.
- Witnesses placed Burnell and Howard together at Burnell’s Prospect Street apartment earlier that night; Rollins testified Burnell returned after gunshots and admitted to shooting Howard using two guns and removing Howard’s pants.
- Clothing (black-and-white striped shirt and black shorts) retrieved from the apartment toilet matched a shirt purchased by Burnell on T.J. Maxx video; gunshot residue was found on the clothing.
- Ballistics and autopsy evidence showed multiple gunshot wounds to Howard; at least one bullet came from a different gun than the others.
- Trial court denied directed-verdict motions; jury convicted Burnell of second-degree murder and imposed a 30-year sentence plus a consecutive 15-year firearm enhancement.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence to support second-degree murder | State: Evidence (confession to Rollins, clothing with GSR, purchase video, ballistics, autopsy) supports conviction | Burnell: (via directed-verdict motion) argued evidence only supported lack of purpose — first-degree murder not proven | Held: Burnell waived sufficiency challenge for second-degree murder by grounding directed-verdict motion on first-degree murder; substantial evidence supports second-degree conviction |
| Admissibility of two pieces of evidence (unspecified rulings) | State: trial court properly exercised discretion to admit evidence | Burnell: challenged the court’s two adverse evidentiary rulings | Held: No abuse of discretion; rulings not reversible error and not meritorious on appeal |
| Jury instruction on alternative sentences at sentencing | Burnell: requested an instruction on alternative sanctions | State/Court: Arkansas law excludes alternative sanctions for second-degree murder | Held: Court correctly refused instruction; alternative sentences not authorized for second-degree murder |
| Ineffective-assistance-of-counsel claim (pro se) | Burnell: counsel ineffective (raised on appeal pro se) | State: Claim not preserved because not raised at trial | Held: Not preserved for appellate review; claim denied |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967) (procedural framework for counsel’s motion to withdraw in frivolous appeals)
- Mainard v. State, 283 S.W.3d 627 (Ark. App. 2008) (directed-verdict motion limited to grounds raised preserves only those issues)
- Laswell v. State, 404 S.W.3d 818 (Ark. 2012) (trial court has broad discretion on evidentiary rulings; reversal only for abuse of discretion)
- Breeden v. State, 427 S.W.3d 5 (Ark. 2013) (ineffective-assistance claims not preserved if not raised below)