Cutsinger v. State
2017 Ark. App. 647
| Ark. Ct. App. | 2017Background
- Aaron Cutsinger was convicted of first-degree murder, attempted first-degree murder, and committing murder in the presence of a child for the death of Leanora Rippy and injuries to her infant son, S.C.
- Rippy was found on a mountain road having been run over repeatedly; S.C. had abrasions and contusions consistent with being dragged or struck by a vehicle.
- Physical evidence tied Cutsinger to the vehicle: broken chrome trim matching his truck, tire-track impressions matching his tires, Rippy’s DNA under Cutsinger’s truck, and Rippy’s blood on his shoes.
- Cutsinger gave inconsistent statements to police, later admitting he kicked Rippy and her baby out of his truck, ran over Rippy at least twice, then cleaned his truck and left the scene.
- Pretrial, Cutsinger moved to exclude part of a text message he sent to a friend; he sought redaction of the line “I’m ready to kill me some cops,” arguing it was irrelevant and unduly prejudicial.
- The trial court admitted the entire text; on appeal the Arkansas Court of Appeals held that the six words referencing killing cops were irrelevant and should have been excised, but the error was harmless given overwhelming evidence of guilt.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Cutsinger) | Held |
|---|---|---|---|
| Admissibility of text message referencing killing police | Entire text shows mental state; relevant because Cutsinger put mental state at issue | The phrase “I’m ready to kill me some cops” is irrelevant to murder of civilians and is unduly prejudicial; should be redacted | Admission of those six words was error because they were irrelevant to intent toward Rippy/S.C., but error was harmless and convictions affirmed |
Key Cases Cited
- Scott v. State, 474 S.W.3d 516 (Ark. Ct. App. 2015) (allowed contemporaneous statement “Fuck the police and her” as probative of state of mind before murder)
- Johnston v. State, 431 S.W.3d 895 (Ark. 2014) (harmless-error framework where overwhelming evidence makes slight error nonprejudicial)
- Gutierrez v. State, 472 S.W.3d 147 (Ark. Ct. App. 2015) (appellate review of denial of motion in limine under abuse-of-discretion standard)
- Gaines v. State, 8 S.W.3d 547 (Ark. 2000) (prejudice is not presumed from admission of evidence; appellant must demonstrate prejudice)
- Dixon v. State, 846 S.W.3d 170 (Ark. 1993) (repeated vehicular run-overs support conviction for first-degree murder)