Harrison v. State
2017 Ark. App. 580
| Ark. Ct. App. | 2017Background
- On July 4, 2009, Lorenzo Harrison shot Joe Evans at a block party in Hughes, AR; Evans later died from gunshot wounds. Harrison was charged with first-degree murder and possession of a firearm by certain persons.
- Multiple eyewitnesses (Roosevelt Evans, Tavarious Speed, Tamara Robinson, Roslyn Rucker) testified that Harrison pointed and fired at Joe and chased him; Roosevelt saw Joe beg and Harrison shoot him.
- Harrison’s wife, Vanessa, and her sister offered a different account claiming Joe assaulted Vanessa and Harrison fired a warning shot while intervening; police found no clear signs of injury on Vanessa.
- The jury convicted Harrison of both counts; he waived jury sentencing and accepted an aggregate 25-year term. Harrison appealed, raising (1) denial of severance, (2) denial of directed verdict on first-degree murder, and (3) refusal to give a “choice of evils” jury instruction.
- The trial court admitted a certified statement of Harrison’s prior guilty plea (robbery/theft by receiving) over his objections; Harrison moved for mistrial but did not preserve all appellate arguments on that point.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence / directed verdict (murder in the first degree) | State: evidence (eyewitness testimony) supports conviction. | Harrison: State failed to prove he acted purposely; moved for directed verdict after State rested and after he rested. | Denied as to preservation: Harrison failed to renew directed-verdict motion after State’s rebuttal, waiving sufficiency challenge on appeal. |
| Motion to sever murder and possession charges | State: joinder proper because possession element overlaps with murder by firearm and evidence supports joint trial. | Harrison: counts are not part of single scheme or plan; prior-felony proof risks prejudice, so severance required. | Trial court erred to deny severance, but error was harmless: overwhelming eyewitness evidence and limiting instruction eliminated prejudice. |
| Refusal to give AMI Crim. 2d 702 (“choice of evils”) instruction | Harrison: evidence (wife’s alarming call / alleged assault on wife) supported necessity defense to possession charge. | State: no factual basis; court did not rule on the proffered instruction during charge conference. | Not preserved: Harrison failed to obtain a ruling on the proffered instruction, so issue is not preserved for appeal; conviction affirmed. |
Key Cases Cited
- Ferrell v. State, 305 Ark. 511, 810 S.W.2d 29 (1991) (possession-by-certain-persons requires proof of prior felony which is distinct from murder elements and may be prejudicial when joined)
- Sutton v. State, 311 Ark. 435, 844 S.W.2d 350 (1993) (joinder of possession charge with other felony does not automatically establish prejudice; consider overriding factors)
- Watkins v. State, 2009 Ark. App. 124, 302 S.W.3d 635 (trial court’s severance decision reviewed for abuse of discretion; offenses may be joined if part of single scheme or share evidence)
- Dickey v. State, 2016 Ark. 66, 483 S.W.3d 287 (failure to renew directed-verdict motion after rebuttal testimony waives sufficiency challenge)
- Hamm v. State, 301 Ark. 154, 782 S.W.2d 577 (must obtain trial court ruling to preserve instructional-error issue on appeal)
- Prodell v. State, 102 Ark. App. 360, 285 S.W.3d 673 (defendant entitled to instruction only when correct statement of law and some evidentiary basis exists)
- Armstrong v. State, 366 Ark. 105, 233 S.W.3d 627 (appellate court need not consider undeveloped arguments lacking citation or legal analysis)