Farmer v. State
571 S.W.3d 78
Ark. Ct. App.2019Background
- Fisher testified Farmer kicked in her door armed with an AR-15 and a knife, beat and choked her, threatened to kill and disfigure her, attempted to steal her gun and television, and she sustained a concussion and photographed injuries. Neighbor and police corroborated parts of her account.
- The State admitted a lengthy set of text messages (State's exhibit 20) and eight brief voicemail messages before the jury; the texts contained multiple explicit threats by Farmer consistent with the assault.
- On cross-examination, defense presented an alternate text-exhibit purportedly from Farmer’s phone showing messages omitted from State's exhibit; Fisher then admitted each exhibit lacked messages the other contained and that she had deleted some messages unfavorable to her.
- Defense moved to strike the State's text exhibit and later sought a mistrial; the trial court denied both motions but admitted the defense exhibit and allowed the jury to hear both sets.
- Farmer was convicted of aggravated robbery, aggravated residential burglary, terroristic threatening, and third-degree domestic battery; he moved for a new trial arguing text- and voicemail-admission errors and discovery violation.
- The circuit court denied the new-trial motion; the appellate court affirmed, holding any evidentiary errors were harmless given overwhelming and largely cumulative evidence of guilt.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Authenticity/admission of State's text exhibit | State: exhibit 20 was authenticated by Fisher and corroborating context and witnesses; admissible under Ark. R. Evid. 901 | Farmer: Fisher perjured herself and exhibit was not authentic or complete; exhibit should be struck | Court: even if admission erred, error harmless; authentication at time of admission permissible under discretion given evidence and context |
| Failure to strike after Fisher admitted deletions | Farmer: once proof of altered/deleted messages surfaced, the exhibit should have been stricken | State: inaccuracies were exposed to jury; impeachment occurred, so no prejudice | Court: no prejudice shown; defense successfully impeached Fisher and jury saw missing messages; any error slight/harmless |
| Late disclosure and admission of voicemails (discovery violation) | Farmer: late disclosure denied opportunity to investigate/authenticate; sanction or exclusion required | State: voicemails were cumulative of texts and testimony; court allowed admission and discovery remedy | Court: possible discovery violation but defense delayed raising it; voicemails were cumulative; admission harmless and within court discretion |
| New-trial standard / harmless-error review | Farmer: evidentiary errors deprived fair trial and warrant new trial | State: evidence independent of texts/voicemails was overwhelming; errors slight | Held: appellate court affirms—new trial denied because any evidentiary errors were harmless in light of overwhelming, corroborated evidence |
Key Cases Cited
- Gulley v. State, 423 S.W.3d 569 (2012) (authentication of texts may be supported by content, contextual behavior, and witness testimony)
- Duvall v. State, 544 S.W.3d 106 (Ark. Ct. App. 2018) (circumstantial evidence can authenticate text-message evidence)
- Kauffeld v. State, 528 S.W.3d 302 (2017) (authentication satisfied when court concludes evidence likely genuine and not significantly altered)
- Rodriguez v. State, 276 S.W.3d 208 (2008) (harmless-error framework; convictions stand when erroneously admitted evidence is slight or cumulative and defendant not prejudiced)
- Goins v. State, 568 S.W.3d 300 (2019) (trial court discretion to admit texts where evidence supports genuineness)
- Hicks v. State, 12 S.W.3d 219 (2000) (trial court discretion in sanctioning discovery violations)