Chatmon v. State, 2015 Ark. 28

On May 15, 2012, a man entered the Leidholms’ garage with a black semiautomatic pistol and demanded money; three victims described the assailant and the getaway vehicle (dark midsize SUV).
Victims identified clothing, a hat, and the recovered gun as consistent with the robber; one victim’s wallet was recovered from a nearby dumpster.
Police located a dark Ford Explorer at nearby apartments occupied by Rolandis Chatmon (driver) and passenger Rodney Chambers; a hat and a black semiautomatic pistol were found in the vehicle after the owner consented to a search.
Jail recordings of phone calls between Chatmon and the vehicle owner (Crystal Brown) were played at trial; a jailmate (Monette Solomon) testified Chatmon admitted committing the robbery and using a .40-caliber gun.
Chatmon was indicted on three counts of aggravated robbery and one count of theft (a possession count was severed), convicted by a jury, sentenced as a habitual offender with firearm enhancement to consecutive life terms plus additional years, and appealed.

Issue	Chatmon's Argument	State's Argument	Held
Sufficiency of evidence to identify defendant as perpetrator	Evidence was circumstantial and inconsistent; insufficient to prove Chatmon was the robber	Direct admission to inmate plus circumstantial evidence (vehicle, gun, hat, victims’ IDs) support conviction	Conviction affirmed — evidence (including confession) was sufficient
Admissibility/authentication of recorded jail phone calls	Recordings not properly authenticated under Ark. R. Evid. 901; Detective’s foundation inadequate	Detective testified he knew voices, had interviewed parties, and identified voices on recordings	Admission not an abuse of discretion; recordings properly authenticated
Ineffective assistance / new-trial claims (speedy-trial waiver and cross-examination)	Trial counsel waived speedy-trial right without consent and failed to adequately cross-examine witnesses	Motion for new trial was deemed denied under Rule 33.3; deemed-denied ruling precludes direct-appeal review of ineffectiveness	Claims precluded on direct appeal because motion was deemed denied before written order; affirmed

Wells v. State, 430 S.W.3d 65 (Ark. 2013) (standard for sufficiency of the evidence review)
Jackson v. State, 214 S.W.3d 232 (Ark. 2005) (circumstantial evidence treated like direct evidence when substantial)
Echols v. State, 936 S.W.2d 509 (Ark. 1996) (defendant’s admission to another is direct evidence of guilt)
Smithey v. State, 602 S.W.2d 676 (Ark. 1980) (proper foundation for audio recordings when officer testifies to listening and accuracy)
Hinkston v. State, 10 S.W.3d 906 (Ark. 2000) (voice recognition by officer is sufficient for authentication)
Maxwell v. State, 197 S.W.3d 442 (Ark. 2004) (deemed-denied posttrial motion is insufficient order for raising ineffective-assistance claim on direct appeal)