Dimas-Martinez v. State
385 S.W.3d 238
Ark.2011Background
- Erickson Dimas-Martinez was convicted of capital murder and aggravated robbery and sentenced to death and life imprisonment, respectively.
- The homicide of Derrick Jefferson occurred Dec. 30, 2006 in Springdale after Jefferson joined Appellant and others at a party.
- Appellant and Uris Magana-Galdamez were identified as the alleged perpetrators; Jefferson was robbed and shot during the incident.
- Two jurors allegedly engaged in misconduct: one slept during guilt phase; another tweeted about the case during trial and sentencing.
- The Arkansas Supreme Court reversed and remanded for a new trial due to juror misconduct, and addressed related evidentiary and sentencing issues in the remand process.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Caldwell violation during automatic review | Dimas-Martinez argues Caldwell error occurred by informing jurors of automatic review. | State argues issue not preserved and no misstatement occurred. | Issue considered moot on reversal for juror misconduct; not addressed on the merits. |
| Juror misconduct: sleeping juror and tweeting juror | Sleeping juror and tweeting juror show prejudice; failure to dismiss undermines fairness. | Judge’s discretion allowed juror to remain; no prejudice shown. | Reversed and remanded for new trial due to juror misconduct; sleeping juror improper; tweeting juror also prejudicial. |
| Admission of evidence of uncharged prior felony (Casa Torres) | Casa Torres shooting evidence supported as aggravating circumstance; admissibility proper as relevant to aggravation. | Evidence was uncharged, not proved beyond substantial evidence, and improperly admitted. | Admissibility clarified: substantial evidence standard applies; issue resolved in favor of remand, with weighing of aggravators reconsidered. |
| Second mental evaluation and Atkins issue | State justified second evaluation after a flawed prior assessment; Atkins issues preserved. | Second evaluation violated right to silence or defense; error. | Court allowed second evaluation; found no reversible prejudice; no error sufficient to overturn on this point. |
Key Cases Cited
- Carter v. State, 324 Ark. 395 (1996) (preservation of juror-misconduct claims requires timely notice or discovery of prejudice)
- Cherry v. State, 341 Ark. 924 (2000) (fair trial requires jurors to follow court's instructions; prejudgment concerns)
- Willett v. State, 335 Ark. 427 (1998) (adequacy of evidence to submit aggravating factors; substantial evidence standard for aggravators)
- Miller v. State, 269 Ark. 341 (1980) (early standard for submission of aggravating and mitigating factors; refined later to substantial evidence)
- Newman v. State, 2009 Ark. 539 (2009) (issues with expert testimony and testing methods; context for mental retardation defenses)
- King v. State, 317 Ark. 293 (1994) (second mental evaluations; admissibility of expertise in mental retardation)