Hill v. State
478 S.W.3d 225
Ark. Ct. App.2015Background
- In 2013 Hill was involved in a controlled buy; in Feb. 2014 he was charged with delivery of meth/cocaine based on that buy. In Aug. 2014 he was charged with multiple offenses stemming from a July 28, 2014 incident involving confidential informant Christopher Johnson.
- The amended December 10, 2014 information replaced earlier assault/terroristic-threatening counts with attempted capital murder, alleging Hill went to Johnson’s residence armed with a pistol with premeditated intent to kill.
- At the December 2014 jury trial the State presented testimony that Hill had threatened to kill Johnson after learning he was an informant; witnesses heard Hill say “I’m gonna kill you”; Hill’s wife brought a backpack containing a semiautomatic gun during the confrontation; Johnson testified Hill hit him with the gun, pointed it at him, and pushed him over a balcony; a live bullet/round was found where Johnson landed.
- Hill’s jailmate testified Hill admitted he shot at Johnson; police found Hill shortly after the incident and no gun on his person. Hill admitted anger over the undercover buy but denied a physical confrontation.
- The jury convicted Hill of attempted capital murder, delivery of methamphetamine, first-degree stalking, and intimidating an informant; Hill was sentenced as a habitual offender to lengthy prison terms.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Hill) | Held |
|---|---|---|---|
| Sufficiency of evidence for attempted capital murder (directed verdict) | Evidence (threats, eyewitnesses, gun brought to scene, bullet found, jailhouse admission) shows premeditated intent and a substantial step toward killing Johnson | No proof Hill actually tried to shoot Johnson; conduct consistent with intimidation or threats rather than intent to kill; jury would rely on conjecture | Affirmed — substantial evidence supported attempted capital murder conviction because threats, possession/use of a semiautomatic, a jammed round, and admissions corroborated premeditation and a substantial step |
| Denial of continuance after amended information (added attempted capital murder days before trial) | Amendment did not change the facts or witnesses; State timely amended before submission to jury; defendant had notice and counsel was competent | Late amendment (Dec. 10) changed charge severity (to Class Y) and required new mental-state-focused defense work and expert consultation; insufficient time to prepare | Affirmed — no abuse of discretion; facts and evidence unchanged, no showing of prejudice or denial of justice |
Key Cases Cited
- Cobb v. State, 340 Ark. 240 (defines standard for reviewing sufficiency of the evidence and directed-verdict review)
- Creed v. State, 372 Ark. 221 (standard for reviewing denial of continuance — abuse of discretion and prejudice requirement)
- Mahomes v. State, 427 S.W.3d 123 (consider totality of circumstances when continuance is for lack of preparation time)
- Thomas v. State, 441 S.W.3d 918 (factors relevant to motions to change/replace counsel and continuance considerations)
- Green v. State, 386 S.W.3d 413 (denial of continuance not overturned absent showing of prejudice)