Neal v. State
2010 Ark. App. 744
| Ark. Ct. App. | 2010Background
- Appellant Robert Neal, age 17 at the time, faced 13 counts of class B felony terroristic act and one count of class C felony criminal mischief based on November 5, 2009 conduct.
- Jefferson County Circuit Court denied Neal’s motion to transfer the case to the juvenile division.
- Transfer decision relied on a written set of factors under Ark. Code Ann. § 9-27-318(g) focusing on seriousness, culpability, and rehabilitation prospects.
- Evidence included detective testimony about a coordinated scene with multiple firearms, shell casings recovered, and Neal’s admissions and statements.
- Teacher and administrator testimony described Neal as well-behaved in detention, with prior disorderly conduct adjudication noted; Neal also testified about his role and lack of direct firing.
- Court affirmed the denial of transfer as not clearly erroneous despite arguments about whether the offense was serious or whether Neal personally fired weapons.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the transfer denial was not clearly erroneous under §9-27-318(g). | Neal argues the court misweighed factors and relied on disputed or unpreserved evidence. | State argues the court properly weighed factors and its findings are supported by the record. | Affirmed; decision not clearly erroneous. |
| Whether Neal preserved an objection to reliance on certain police statements. | Neal contends those statements were improperly used. | State maintains the argument was not preserved for appeal. | Argument not preserved; rejected on appeal. |
| Whether association with weapon use suffices to find seriousness under Thompson. | Neal asserts no weapon use by him. | Thompson allows association with weapons to satisfy the violence criterion. | Court correctly applied law; not clearly erroneous. |
Key Cases Cited
- Richardson v. State, 97 Ark. App. 52, 244 S.W.3d 736 (2006) (clear-and-convincing standard; standard for transfer review)
- Johnson v. State, 356 Ark. 534, 157 S.W.3d 151 (2004) (clear error standard; factual review on transfer decision)
- Lofton v. State, 2009 Ark. 341, 321 S.W.3d 255 (2009) (discretion in weighing factors; no equal weighting required)
- Thomas v. State, 370 Ark. 70, 257 S.W.3d 92 (2007) (preservation; rising issues not preserved for appeal)
- Callaway v. State, 368 Ark. 412, 246 S.W.3d 889 (2007) (preservation; general rule re: issues raised first on appeal)
- Thompson v. State, 330 Ark. 746, 958 S.W.2d 1 (1997) (association with weapons suffices for violence criterion)
- Guy v. State, 323 Ark. 649, 916 S.W.2d 760 (1996) (personal involvement may be established by association with weapon use)
- Landrum v. State, 63 Ark. App. 12, 971 S.W.2d 278 (1998) (non-uniform weighting of factors allowed)