Scott v. State, 2015 Ark. App. 614

Deshaun Scott was charged with first-degree murder and firearm use after his wife, Lacrisa Foot, was found dead on November 10, 2012; trial occurred July 2014.
Security officers at a nightclub testified Scott and Foot were ejected after an altercation in which Scott threw a drink; Officer Alicia Smith overheard Scott say, “Fuck the police and her.”
Foot’s body was found about an hour later with a single gunshot wound to the head and blunt-force trauma; medical testimony indicated the skull fracture required movement of the body and there was no close-range evidence.
Scott initially denied involvement, later told police he grabbed Foot’s gun to keep it from her, it discharged when she slapped it, he panicked, pushed her from the car, and disposed of the gun.
Forensic evidence included exterior blood spatter on the passenger side and minimal interior blood consistent with the State’s theory that the shooting may not have occurred inside the car.
Jury convicted Scott of second-degree murder and using a firearm; he received 45 years plus a consecutive 15-year firearm enhancement (total 60). Scott appealed, arguing the admission of Smith’s testimony about his statement was erroneous.

Issue	Scott's Argument	State's Argument	Held
Admissibility of Officer Smith’s testimony that Scott said, “Fuck the police and her.”	Statement was irrelevant and more prejudicial than probative; entitled to reversal.	Statement was relevant to show Scott’s state of mind and course of conduct before the shooting; not unfairly prejudicial.	Admission was within the trial court’s discretion; not an abuse of discretion and not reversible.

McCoy v. State, 354 Ark. 322, 123 S.W.3d 901 (2003) (trial courts have wide discretion in evidentiary rulings; reversal requires abuse of discretion and prejudice)
Conte v. State, 2015 Ark. 220, 463 S.W.3d 686 (evidence relevant to explain act, show motive, or illustrate state of mind is admissible)
Berks v. State, 2013 Ark. App. 203, 427 S.W.3d 98 (same)