2014 Ark. App. 625
Ark. Ct. App.2014Background
- Arkansas Court of Appeals, Division III, No. CR-14-156, delivered November 5, 2014.
- Todd A. Smith appeals from Miller County Circuit Court (CR-2013-188).
- Jury convicted Smith of rape under Ark. Code Ann. § 5-14-103(a)(3)(A).
- Victim J.C., eight years old, testified to penetration and harm.
- Evidence included nurse examiner testimony of hymenal trauma and sister Gr.C.'s testimony corroborating inappropriate conduct.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the evidence was sufficient to support the rape conviction | Smith argues the denial of directed verdict was error | State argues substantial evidence supports the verdict | Affirmed: sufficient evidence supports rape conviction |
Key Cases Cited
- Brown v. State, 374 Ark. 341 (2008) (un corroborated testimony admissible to prove penetration; no scientific link required)
- Kelley v. State, 375 Ark. 483 (2009) (rape testimony need not be corroborated; reliance on victim's testimony allowed)
- Smoak v. State, 2011 Ark. 529 (2011) (directed verdict reviewed as sufficiency of the evidence)
- Vance v. State, 2011 Ark. 392 (2011) (jury credibility and resolution of inconsistencies are jury functions)