Hayes v. State
381 S.W.3d 117
| Ark. Ct. App. | 2011Background
- Hayes appeals four felony convictions from a single trial in Washington County Circuit Court.
- Convictions: aggravated assault on a family member, first-degree terroristic threatening, felon in possession of a firearm, and intimidating a witness.
- Trial occurred September 23–24, 2009; jury sentenced during sentencing deliberations that Hayes could not attend, leading to postponed sentencing and a subsequent arraignment on a failure-to-appear charge.
- Hayes disappeared during deliberations; new counsel later sought a continuance for sentencing preparation, which the court denied.
- Hayes filed a motion for new trial and amended motion alleging mental incapacity; a court-ordered evaluation occurred after trial showing bipolar disorder and other issues.
- The circuit court denied the amended motion for new trial without a hearing; Hayes appealed, challenging the denial and the continuance ruling; the State challenged appellate jurisdiction over the intimidating-witness conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the court erred by denying a hearing on the motion for new trial | Hayes argues Rule 33.3(a) requires a hearing due to potential incompetence. | State asserts Turner analogy; hearing unnecessary. | Reversed and remanded for a hearing. |
| Whether the court abused its discretion by denying a continuance | Hayes needed time for new counsel to prepare for sentencing. | Court acted within discretion given circumstances and readiness of counsel. | Affirmed. |
| Whether Hayes’s appeal of the intimidating-witness conviction is properly before the court | Notice of appeal identified all four convictions and the motions; scrivener’s error did not prejudice. | State argues lack of timely notice for that specific case. | We have jurisdiction over the intimidating witness conviction. |
Key Cases Cited
- Doss v. State, 374 Ark. 214 (2008) (belated appeal when notice misnumbered; scrivener’s error tolerated)
- Hills v. State, 328 Ark. 748 (1997) (admissions of fault for wrong-case-number notices)
- DeClerk v. Tribble, 276 Ark. 316 (1982) (scrivener’s error cures defects when order identified)
- State v. Brown, 2010 Ark. 483 (2010) (scrivener’s error tolerated when order identified and issues clear)
- Turner v. State, 325 Ark. 237 (1996) (new-trial hearing unnecessary where no evidentiary need identified)
- Duncan v. Duncan, 2009 Ark. 565 (2009) (scrivener’s error corrected when issues clear in notice)
- Ware v. State, 348 Ark. 181 (2002) (competence burden on defendant in postconviction context)
- Burnett v. State, 293 Ark. 300 (1987) (heavy burden to prove incompetence in criminal trial context)
- Smith v. State, 352 Ark. 92 (2003) (standard for reviewing continuance decisions with prejudice analysis)