570 S.W.3d 527
Ark. Ct. App.2019Background
- On March 13–15, 2017, infant RG1 sustained severe head injuries; UAMS evaluation diagnosed skull fractures, intracranial hemorrhages, brain swelling, and concluded injuries were consistent with substantial traumatic force and child abuse.
- Jimmia Green (mother) received inconsistent accounts from Henry Gadsden Jr. about how RG1 was injured; Gadsden at various times said the injury resulted from a fall or RG2 stepping on RG1; he never told Green he kicked the baby.
- A UAMS receptionist, Cynthia Field, testified she took a call in which Green said, “My boyfriend kicked the baby in the head,” which triggered a child-abuse-hotline report and a follow-up exam.
- Gadsden gave multiple statements: to police he blamed an accident (RG2’s foot or fall onto a bedframe); at trial he testified he tripped and dropped RG1 and admitted other versions were lies.
- At a bench trial the circuit court convicted Gadsden of first-degree battery and sentenced him to ten years; he appealed arguing (1) insufficiency of the evidence and (2) erroneous admission of Field’s testimony.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence to support conviction | State: evidence (medical testimony, Gadsden’s admissions, hotline/report) supports first-degree battery | Gadsden: evidence insufficient; challenged the verdict | Not preserved for appeal — Gadsden waived by failing to renew directed-verdict motion at close of all evidence |
| Admissibility of Cynthia Field’s testimony (statement overheard from caller) | State: testimony properly admitted and formed part of the investigative record | Gadsden: trial court abused discretion admitting Field’s testimony; moved in limine pretrial | Not preserved for appeal — no contemporaneous objection when Field testified; pretrial motion in limine was not ruled on and court told parties to object at testimony, which Gadsden did not do |
Key Cases Cited
- Olson v. Olson, 453 S.W.3d 128 (Ark. 2014) (lack of opportunity to object can excuse procedural bar)
- Johnson v. State, 430 S.W.3d 755 (Ark. 2013) (failure to contemporaneously object to testimony waives appellate review)
- Banks v. State, 347 S.W.3d 31 (Ark. 2009) (pretrial motion in limine does not preserve issue absent clear ruling or renewed objection at testimony)
- Lewis v. State, 528 S.W.3d 312 (Ark. Ct. App. 2017) (contemporaneous objection required to preserve evidentiary issues on appeal)
Outcome: Affirmed.