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Evans v. State
2011 Ark. 33
| Ark. | 2011
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Background

  • Evans was convicted of capital murder and a firearm enhancement, and sentenced to life without parole, though the judgment did not reflect the enhancement or habitual offender status.
  • The homicide occurred on October 8, 2008, when Deshon Pride was shot and found dead in a Wrightsville, Arkansas living room.
  • Evans turned himself in to police the morning after the shooting and was charged in an amended information filed July 31, 2009.
  • A jury found Evans guilty of capital murder and the firearm enhancement but acquitted him on two counts of intimidating a witness.
  • The defense challenged the sufficiency of the evidence supporting the capital-murder conviction, arguing inconsistencies and lack of credible proof tying Evans to the killing.
  • On appeal, the court applied the standard for substantial evidence and affirmed the conviction and sentence.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether the evidence is sufficient for capital murder Evans argues insufficient evidence to prove premeditated murder. State contends substantial evidence supports guilt beyond speculation. Evidence is substantial; conviction affirmed.

Key Cases Cited

  • Johnson v. State, 375 Ark. 462 (2009) (directed-verdict standard and sufficiency review)
  • Hoyle v. State, 371 Ark. 495 (2007) (premeditation inference from circumstances)
  • Marcyniuk v. State, 2010 Ark. 257 (2010) (circumstantial evidence must be consistent with guilt)
  • Clemons v. State, 2010 Ark. 337 (2010) (credibility of witnesses is for the jury)
  • Rounsaville v. State, 2009 Ark. 479 (2009) (jury credibility assessments)
  • Wyles v. State, 368 Ark. 646 (2007) (consistency of evidence with verdict; weighing testimony)
  • Davenport v. State, 373 Ark. 71 (2008) (review of witness testimony and defenses)
  • Carmichael v. State, 12 S.W.3d 225 (2000) (premeditation and deliberation may be inferred from circumstances)
Read the full case

Case Details

Case Name: Evans v. State
Court Name: Supreme Court of Arkansas
Date Published: Feb 3, 2011
Citation: 2011 Ark. 33
Docket Number: No. CR 10-936
Court Abbreviation: Ark.