2015 Ark. App. 193
Ark. Ct. App.2015Background
- On September 1, 2013, Adam F. Doty struck Justin Yandell in the back of the head with a shotgun and shot him in the knee with a 9mm; Doty does not dispute the physical acts.
- Yandell, his brother, his father, and the investigating officer testified for the State; several 911 calls were played.
- At the close of the State’s case Doty moved for a directed verdict arguing the State failed to disprove his justification/self‑defense claim.
- The court denied the motion, finding the State had met its burden on the elements of first‑degree battery.
- Doty presented defense testimony but did not renew his directed‑verdict/dismissal motion at the close of all evidence; he instead argued justification in closing.
- The trial court convicted Doty; on appeal he argued the State failed to negate his justification defense, but the Court of Appeals found the issue not preserved for review under Ark. R. Crim. P. 33.1.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the State disproved Doty’s justification defense | State: presented enough evidence to prove all elements of first‑degree battery | Doty: his use of force was justified—self‑defense/defense of another, so element of unlawfulness not met | Not reached on the merits; issue not preserved because Doty failed to renew dismissal motion at close of all evidence |
Key Cases Cited
- Hendrix v. State, 450 S.W.3d 692 (Ark. Ct. App. 2014) (closing‑argument dismissal does not preserve sufficiency issue in bench trial)
- Etoch v. State, 37 S.W.3d 186 (Ark. 2001) (Rule 33.1 must be strictly construed)
- McClina v. State, 123 S.W.3d 883 (Ark. 2003) (closing argument cannot substitute for a formal dismissal motion in bench trials)