Hughes v. State
2015 Ark. App. 378
| Ark. Ct. App. | 2015Background
- Aaron Hughes was convicted by jury in Hot Spring County of second-degree domestic battery on May 27, 2014; sentenced to six years and restitution of $752.85; timely appeal filed.
- On day of trial Hughes sought a continuance to replace appointed counsel with attorney Shane Ethridge, saying he could pay $1,500; court denied continuance after noting Hughes previously filed an affidavit of indigency and Ethridge had not been retained.
- Victim Kyra Zatarain testified Hughes choked, threw her into a fence, caused loss of consciousness, required surgery (bone removal), had a broken arm, ongoing physical therapy, emotional trauma, and substantial medical bills and photos were admitted.
- Zatarain’s son testified to witnessing choke and seeing her body hit a fence; a coworker testified Hughes had previously said he threw a woman into a fence.
- Defense made three directed-verdict motions (challenging intent, seriousness of injury, and existence of a dating/cohabiting relationship); motions denied and appeals court reviewed sufficiency and continuance denial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Denial of continuance to obtain new counsel | Hughes argued denial deprived him of choice of counsel and constituted abuse of discretion | State/court argued Ethridge was not retained, Hughes previously sworn indigent, request made on day of trial, no showing of prejudice | Affirmed: trial court did not abuse discretion; no prejudice shown |
| Sufficiency—intent to cause injury | Hughes contested proof of intent | State relied on testimony that Hughes choked, threw, and admitted conduct to third party; intent can be inferred from circumstances | Affirmed: substantial evidence supports intent |
| Sufficiency—serious physical injury | Hughes argued injuries not proved "serious" as defined | State relied on surgery, protracted physical therapy, medical bills, photos, and lasting impairment | Affirmed: injuries meet statutory definition of serious physical injury |
| Sufficiency—family or dating relationship | Hughes disputed that parties cohabited or had qualifying dating relationship | State showed parties dated (2.5 weeks) and evidence Hughes packed/removed belongings indicating partial cohabitation | Affirmed: substantial evidence supports family/household or dating relationship |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (establishes procedures for appointed counsel to request withdrawal on no-merit grounds)
- Leggins v. State, 271 Ark. 616 (motion to change counsel treated as motion for continuance)
- White v. State, 370 Ark. 284 (defendant must show prejudice amounting to denial of justice to prevail on denial of continuance)
- Darrough v. State, 330 Ark. 808 (standard for reviewing denial of directed verdict; view evidence in light most favorable to State)
- Britt v. State, 334 Ark. 142 (definition and proof of substantial evidence; protracted impairment not required to be permanent)
- Bell v. State, 99 Ark. App. 300 (intent may be inferred as the natural and probable consequence of acts)