539 S.W.3d 599
Ark. Ct. App.2018Background
- On June 22, 2016, James Murray was shot and killed on his front porch; witnesses identified a black male shooter who left in a white Jeep/SUV.
- Police located a matching vehicle nearby; appellant Aaron Crift and Deonna Logue were connected to the scene; a long silver handgun with a black handle was recovered from the home where Crift had been staying.
- Multiple eyewitnesses (including Murray’s brother and neighbors) testified that Crift was at Murray’s house, that an argument occurred, that a gunshot followed, and that Crift was seen with a silver-and-black handgun and said he had shot Murray.
- Crift testified in his own defense, denying he went to Murray’s house or fired the gun.
- The trial court instructed the jury on capital murder, first-degree murder, and second-degree murder but refused the defense’s requested manslaughter instruction; the jury convicted Crift of first-degree murder.
- Crift appealed, arguing the court erred by refusing to instruct the jury on manslaughter as a lesser-included offense.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Crift) | Held |
|---|---|---|---|
| Whether the trial court erred by refusing to give a manslaughter lesser-included instruction to the jury | No instruction required—evidence supports conviction for the charged offenses or innocence; no rational basis for manslaughter verdict | Manslaughter instruction warranted because evidence (post-shooting behavior, lack of eyewitness proof of intentional trigger-pull) permitted a finding of unintentional discharge/conscious disregard | Affirmed: no error. Because Crift claimed complete innocence, there was no rational basis for the manslaughter instruction; also jury was instructed on 2nd-degree murder and convicted of 1st-degree, invoking the skip rule |
Key Cases Cited
- Atkinson v. State, 347 Ark. 336 (lesser-included instruction required only if slightest evidence supports it; no instruction when defendant claims innocence)
- Chapman v. State, 343 Ark. 643 (standard for giving lesser-included instructions)
- Flowers v. State, 362 Ark. 193 (skip rule: giving one lesser-included instruction and conviction on greater offense cures omission of another lesser instruction)