Turner v. State, 439 S.W.3d 88

Robert Turner was convicted by a jury of two counts of aggravated robbery and one count of residential burglary in Crittenden County Circuit Court.
Turner appeals the trial court’s admission of a portion of a 911 dispatch log about a shooting and robbery in Gilmore, Arkansas, the night of February 8, 2011.
The log names Turner and provides a physical description and vehicle information, entered by a sheriff’s office dispatcher.
Initially the court sustained the objection to the log, but it was later admitted after the State presented other evidence and the dispatcher testified to limited reliability.
The State argued the log was probative and corroborative, and that Rule 403 balancing allowed its admission despite potential prejudice.
Turner contends the log’s identification of him by name was prejudicial and the admission was not harmless, given a mistaken-identity defense; the court ultimately affirmed admission and the conviction.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether admitting the dispatch log was an abuse of discretion	Turner argues the log is prejudicial hearsay with reliability lacking.	State contends the log is probative corroboration and within court discretion to admit.	No abuse; probative value outweighed prejudice.
Whether naming Turner in the log prejudicially affected the defense	Turner asserts prejudicial identification undermines his defense of mistaken identity.	State maintains identification in the log strengthens the State’s case and is admissible.	Not prejudicial error; admission upheld.

Sipes v. State, 2012 Ark. App. 261 (Ark. App. 2012) (abuse-of-discretion standard for evidentiary rulings; relevancy discretion)
Lard v. State, 431 S.W.3d 249 (Ark. 2014) (state’s burden to prove case; Rule 403 considerations)
Davis v. State, 368 Ark. 401 (Ark. 2007) (cumulative evidence; corroboration permissible under Rule 403)
Anderson v. State, 220 S.W.3d 225 (Ark. App. 2005) (admission of corroborating letters; no abuse of discretion)