Stephen Duvall v. State of Arkansas
2022 Ark. App. 87
| Ark. Ct. App. | 2022Background
- In 2016, Stephen Duvall pled guilty to second-degree sexual assault and was placed on twelve years’ probation.
- In May 2020 the State petitioned to revoke probation, alleging numerous violations (e.g., associating with another offender, weapons, GPS/mental-health noncompliance, social-media activity, untruthfulness to officers, possession of sexually stimulating material, unsupervised contact with his four minor children, and failure to complete sex-offender counseling); an amended petition added an unregistered email allegation.
- Probation officer Peachey testified that during an Oct. 31, 2019 home visit he found a book titled “Red Hot Touch…,” three firearms, and an active Facebook account; during a May 14, 2020 visit officers found Duvall alone with his four minor children and Duvall told officers another adult was next door but that person never appeared.
- Treatment records and witnesses established Duvall attended one two-minute sex‑offender group session in 2017, then refused further participation and never produced proof of subsequent counseling.
- At the revocation hearing Duvall admitted unsupervised contact with his children that day, admitted opening a Facebook account for work, and admitted he had not completed sex‑offender counseling; he claimed the explicit book had been left by his ex‑wife.
- The circuit court found five willful probation violations, revoked probation, and sentenced Duvall to fifteen years’ imprisonment; the Court of Appeals affirmed because the State need only prove one proven violation and the court relied on multiple independent grounds.
Issues
| Issue | State's Argument | Duvall's Argument | Held |
|---|---|---|---|
| Whether Duvall was untruthful to officers during a home visit | Officer testimony showed Duvall said another adult was present and called her, but she never appeared | Duvall said he called the adult and she was next door | Court found willful untruthfulness; finding not clearly against the preponderance of evidence |
| Whether Duvall had unsupervised contact with minors (probation condition) | Officers found Duvall alone with his four minor children during the May 14, 2020 visit | Duvall admitted unsupervised contact and offered justification | Court upheld violation; admission supports finding |
| Whether Duvall maintained an active Facebook account in violation of probation | Officer observed an active Facebook account during the Oct. 31, 2019 visit; Duvall later admitted opening Facebook for work | Duvall claimed the account was for work purposes | Court found violation for having an active social‑media account |
| Whether Duvall possessed sexually stimulating material in violation of probation | Officer found an explicit book in Duvall’s home during the Oct. 31, 2019 visit | Duvall said his ex‑wife purchased and left the book in 2016 | Court found possession violation; credibility/possession findings not against the preponderance of evidence |
Key Cases Cited
- Springs v. State, 525 S.W.3d 490 (Ark. App. 2017) (standard for revocation and burden of proof)
- Vangilder v. State, 555 S.W.3d 413 (Ark. App. 2018) (evidence insufficient for conviction may suffice for revocation)
- McClain v. State, 489 S.W.3d 179 (Ark. App. 2016) (appellate standard: revocation will not be reversed unless findings are clearly against the preponderance of the evidence)
- Lewis v. State, 484 S.W.3d 277 (Ark. App. 2016) (one proved violation is sufficient to revoke probation)
- Morgan v. State, 599 S.W.3d 665 (Ark. App. 2020) (affirming where circuit court relied on alternate, independent grounds)
- Adams v. State, 612 S.W.3d 191 (Ark. App. 2020) (argument cannot be raised first in a reply brief)