Tucker v. State
381 S.W.3d 1
Ark.2011Background
- Appellant Vann Tucker was convicted of one count each of aggravated residential burglary and aggravated robbery, receiving two life terms in the ADC.
- Accomplices were Tacara Wolfe and Nicole Myers; another witness Rocky Maggard was involved in the sequence of events on May 4, 2009.
- Wolfe and Myers testified Tucker participated in the home invasion, theft of guns, and related offenses, with corroboration from other witnesses and physical evidence.
- Partain, the home occupant, identified the stolen firearms and described the confrontation, binding, and theft that occurred at his residence.
- Police recovered the pistol from Tucker after a traffic stop; other witnesses placed Tucker with the group on the day of the crimes, and Ray purchased firearms allegedly from Tucker.
- The State relied on both accomplice testimony and independent corroboration to prove Tucker’s connection to the offenses.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of corroboration for accomplices | Tucker | State | Corroboration sufficient; independent evidence connects Tucker to crimes |
| Mistrial denial due to prejudicial remarks | Tucker | State | No reversible error; first mistrial motion untimely; second was invited error with admonition |
| Change of venue denied despite pretrial publicity | Tucker | State | No abuse of discretion; voir dire safeguarded impartial jury; publicity was old |
| Rule 1-3(i) review | Tucker | State | No prejudicial error found on established objections |
Key Cases Cited
- Sweet v. State, 370 S.W.3d 510 (Ark. 2011) (directed-verdict sufficiency standard; corroboration rules referenced)
- Tryon v. State, 263 S.W.3d 475 (Ark. 2007) (mistrial standards and discretionary rulings on mistrial)
- Zachary v. State, 188 S.W.3d 917 (Ark. 2004) (invited error doctrine and admonitions relevance)
- Williams v. State, 268 S.W.3d 868 (Ark. 2007) (trial court discretion in admonitions and mistrials)
- Loggins v. State, 372 S.W.3d 785 (Ark. 2010) (credibility of accomplice testimony left to jury)
- Strong v. State, 277 S.W.3d 159 (Ark. 2008) (flight as corroborative factor in guilt assessment)
- Stephenson v. State, 282 S.W.3d 772 (Ark. 2008) (corroboration standards for accomplice testimony)
- Taylor v. State, 370 S.W.3d 503 (Ark. 2011) (viewing evidence in light most favorable to State)
- McCoy v. State, 370 S.W.3d 241 (Ark. 2010) (timeliness of mistrial motions)
- Dorn v. State, 199 S.W.3d 647 (Ark. 2004) (trial court corrective actions in response to errors)