McPeak v. State
2012 Ark. App. 234
Ark. Ct. App.2012Background
- McPeak was convicted in a bench trial of two counts of aggravated assault and one misdemeanor count of fleeing, with a sentence of 90 days in jail and five years’ probation.
- The acts occurred around 2:00 a.m. on July 19, 2009, after a disturbance at a party in Gurdon; McPeak was shot and fled from officers.
- He was apprehended at a hospital in a nearby county and later transported to Clark County Sheriff’s Department for interrogation.
- McPeak challenged the custodial statement as involuntary and challenged the sufficiency of the evidence on the aggravated-assault charges.
- The State conceded the issue of mootness due to collateral consequences, so the court proceeded with merits review.
- The court affirmed, holding the custodial statement voluntary and the evidence sufficient, and rejecting preservation deficiencies on sufficiency.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence for aggravated assault | McPeak argued the officers did not see him aim or discharge a firearm. | McPeak contends there was conflicting evidence and no proof of intent to injure. | Evidence sufficient; trial court affirmed. |
| Voluntariness of the custodial statement | Statement was involuntary due to surgery, pain, medication, lack of rest, and fear. | Pain and medication rendered waiver involuntary and unsatisfactory under Miranda. | Waiver voluntary; statement not the product of coercion. |
| Preservation of sufficiency challenge | Rule 33.1 requirements satisfied to review sufficiency. | Rule 33.1 not properly followed; not preserved at end of trial. | Rule 33.1 requirements not satisfied; sufficiency issue not preservable on appeal. |
| Mootness and collateral consequences | Collateral consequences keep the case live for review. | Collateral consequences mootness recognized by Supreme Court authorities. | Not moot due to collateral consequences; merits review allowed. |
Key Cases Cited
- Pennsylvania v. Mimms, 434 U.S. 106 (1977) (collateral consequences permit review of served sentences)
- Ginsberg v. State of N.Y., 390 U.S. 629 (1968) (recognizes collateral consequences doctrine)
- St. Pierre v. United States, 319 U.S. 41 (1943) (further noted collateral consequences)
- Harper v. State, 359 Ark. 142 (2004) (voluntariness and Miranda waivers; testing voluntariness)
- Grillot v. State, 353 Ark. 294 (2003) (totality-of-circumstances test for voluntariness)
- Flowers v. State, 362 Ark. 193 (2005) (credibility determinations in voluntariness review)
- Sanford v. State, 331 Ark. 334 (1998) (factors in voluntariness analysis)
- Jones v. State, 344 Ark. 682 (2001) (mental capacity in determining voluntariness)
- King v. State, 338 Ark. 591 (1999) (renewal of motions under Rule 33.1 to preserve issues)
- Lawshea v. State, 2009 Ark. 600 (2009) (preservation and review of sufficiency in bench trials)