Holt v. State, 2011 Ark. 391

Gregory Holt was convicted of aggravated residential burglary and first-degree domestic battery, receiving life imprisonment and 40 years, to run concurrently.
Holt appeals asserting five errors, including insufficiency of evidence, improper shackling, excessive punishment, and prosecutorial missteps during sentencing.
Facts show Holt entered Connie Taylor’s trailer in the early morning hours after a turbulent relationship, stabbing Taylor.
Taylor testified Holt entered unlawfully and stabbed her; Holt admitted to stabbing but claimed self-defense and that he had been invited.
The jury found Holt guilty on both counts; trial occurred June 2–3, 2010, with post-trial rulings on motions and sentencing described.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of evidence for entry with intent	Holt lacked evidence of unlawful entry and intent to commit a felony.	State failed to prove unlawful entry and the purpose to commit a felony inside Taylor’s residence.	Unlawful-entry element supported; purpose-to-commit-a-felony element not preserved and not reviewed.
Use of restraints in front of the jury	Shackling shown to prejudice the jury and violate rights.	Court properly restrained Holt due to threats and security concerns.	No abuse of discretion; restraints reasonably necessary to maintain order and security.
Cruel and unusual punishment claim	Sentences were disproportionate due to shackling, inflammatory letters, and misstatements about parole.	Arguments show prejudice and passion in sentencing.	Not reviewed due to failure to object at sentencing.
Islamic-faith references during sentencing	Prosecutor inflamed jurors by referencing Holt’s Islamic faith in letters.	Letters were admitted with no objection; preserved objection lacking.	Not reviewed due to failure to object at trial.
Parole-eligibility misstatement in closing	Prosecutor misstated parole eligibility to 25% time served.	No preserved objection to closing argument.	Not reviewed due to failure to object at trial.

Williams v. State, 347 Ark. 728, 67 S.W.3d 548 (Ark. 2002) (restrains may be used to maintain courtroom order in violent felonies)
Deck v. Missouri, 544 U.S. 622 (U.S. Supreme Court, 2005) (requires case-specific justification for visible restraints)
Cantrell v. State, 343 S.W.3d 591 (Ark. 2009) (directed verdict tied to sufficiency review)
Brown v. State, 288 S.W.3d 226 (Ark. 2008) (appellate review limited to favorable evidence; credibility for jury)
Pratt v. State, 194 S.W.3d 183 (Ark. 2004) (necessity of specifying grounds in directed-verdict motions)
Pyle v. State, 8 S.W.3d 491 (Ark. 2000) (preservation of error requires objection at trial)
Smith v. State, 343 S.W.3d 319 (Ark. 2009) (closing-argument prejudice requires objection to preserve)
Grisby v. State, 257 S.W.3d 104 (Ark. 2007) (abandonment of issues where not argued on appeal)