Russell v. State
2013 Ark. 369
Ark.2013Background
- Steven J. Russell was charged with capital murder for the death of Joy Owens and sentenced to life without parole plus 15 years on a firearm enhancement; appeal taken to Arkansas Supreme Court.
- The trial court ordered forensic mental-health evaluations after the issue of mental disease or defect was raised.
- Two psychologists (Drs. Faupel and Moneypenny) concluded Russell suffered from PTSD/psychosis at the time of the shooting and lacked capacity to appreciate criminality or conform his conduct to law.
- The State’s psychiatrist (Dr. Diner) agreed Russell met PTSD criteria but concluded he was not dissociated at the shooting and retained capacity; his opinion conflicted with the defense experts.
- The circuit court denied Russell’s pretrial motion for acquittal by reason of mental disease or defect, finding the experts’ opinions conflicted and the issue should be resolved by a jury.
- During deliberations the jury reported a 1–11 split (one juror for capital murder, others for first-degree murder); the court asked if rest would help, defense moved for mistrial (no stated basis), court recessed, and the jury later returned a unanimous guilty verdict for capital murder.
Issues
| Issue | Plaintiff's Argument (Russell) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Whether the circuit court should have entered a pretrial judgment of acquittal for lack of capacity (mental disease or defect) | Forensic reports (Faupel, Moneypenny) conclusively show Russell lacked capacity due to PTSD/psychosis and the court should have granted acquittal | Conflicting expert opinion (Dr. Diner) created factual issues for the jury; court properly exercised discretion to deny acquittal | Court affirmed: denial of acquittal was not an abuse of discretion because experts’ opinions conflicted |
| Whether the court erred in denying a mistrial after jury reported deadlock | Judge coerced the jury to continue (asked if rest would help), producing a coerced unanimous capital-murder verdict; mistrial required | Defense did not specify the grounds for mistrial at trial; specific objection was not preserved for appeal | Court affirmed: argument not preserved because motion for mistrial lacked specific grounds; no reversible error found |
Key Cases Cited
- Morgan v. State, 333 Ark. 294 (Ark. 1998) (circuit court has discretion to deny acquittal on mental-disease defense when factual conflicts remain)
- Dorn v. State, 360 Ark. 1 (Ark. 2004) (motion for mistrial must specify grounds to preserve issue for appeal)
- Gilliland v. State, 361 S.W.3d 279 (Ark. 2010) (preservation rule: arguments not raised below are not preserved for appellate review)