Neal v. State
2016 Ark. App. 384
Ark. Ct. App.2016Background
- Rickey Neal lived with and was romantically involved with 65‑year‑old Betty Frazier; on Dec. 2, 2012, an altercation occurred at her home leaving Frazier with facial and scalp injuries and missing jewelry and a missing car.
- Officers found blood at Frazier’s residence and in a nearby store; photographs of the scene and hospital photos of Frazier were admitted at trial.
- Frazier testified Neal struck her with a pistol and a hardened seashell, threatened to kill her, and took her jewelry and car without permission; she fled to a tobacco store and was hospitalized.
- Neal admitted fleeing and had prior convictions; his trial testimony claimed he was the initial victim (tied and assaulted) and that he left out of fear of parole revocation; he denied stealing jewelry and said any injuries to him preexisted.
- Police pursued Neal in Frazier’s black Ford Edge at high speed; spike strips stopped the car, and officers found jewelry and apparent blood in the vehicle.
- A jury acquitted Neal of aggravated robbery, deadlocked on first‑degree terroristic threatening, but convicted him of second‑degree domestic battering (elderly victim), theft, and fleeing; Neal received concurrent sentences totaling 300 months and appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether denial of directed verdict on domestic battering (2nd degree) was error | State: evidence (victim testimony, injuries, photos, blood, jewelry/car in defendant’s car) supports conviction | Neal: evidence showed he was initial aggressor; physical condition made victim’s story unlikely; insufficient evidence | Affirmed — substantial evidence supported conviction; credibility issues for jury to resolve |
| Whether prosecutor’s closing argument shifted burden, warranting mistrial | Neal: prosecutor improperly suggested defendant fabricated injuries and implied burden on defense; requested mistrial | State: comments were improper but curable; trial court admonished jury that burden remains on State | Denial of mistrial not an abuse — admonition cured prejudice |
| Whether prosecutor’s on‑the‑record comment that hospital photos were "gruesome" required mistrial | Neal: statement prejudicial and effectively prosecutorial commentary; asked for mistrial | State: photos were already admitted/published; comment intended to prepare witness; not unduly prejudicial | Denial of mistrial not an abuse — no reasonable probability of prejudice |
| Whether cumulative‑error requires reversal | Neal: combined effect of remarks warrants mistrial/reversal | State: no reversible error to accumulate | Denial affirmed — no cumulative‑error when underlying errors are not prejudicial |
Key Cases Cited
- Wyles v. State, 368 Ark. 646, 249 S.W.3d 782 (discussing standard for directed verdict/sufficiency review)
- Airsman v. State, 2014 Ark. 500, 451 S.W.3d 565 (credibility is jury function; jury may believe part/all of testimony)
- Lewis v. State, 2014 Ark. App. 730, 451 S.W.3d 591 (courts may consider evidence as whole; no need to view facts in isolation)
- Britton v. State, 2014 Ark. 192, 433 S.W.3d 856 (mistrial is extreme remedy; trial court has wide discretion)
- Green v. State, 2013 Ark. 497, 430 S.W.3d 729 (admonition can cure prejudicial remarks; cumulative‑error doctrine requires actual errors)
- McClinton v. State, 2015 Ark. 245, 464 S.W.3d 913 (mistrial warranted only where error beyond repair)
- Williams v. State, 2014 Ark. 253, 435 S.W.3d 483 (admonition normally cures prejudicial prosecutorial remarks)
- Burnett v. State, 299 Ark. 553, 776 S.W.2d 327 (trial court’s assessment of prejudice from remarks entitled to deference)
- Gaines v. State, 340 Ark. 99, 8 S.W.3d 547 (no cumulative‑error where there is no error to accumulate)