Turner v. State, 2014 Ark. 415

On Aug. 27, 2012, two employees (Casher and Mitchell) were robbed at gunpoint at Game Point in Conway; the robber took about $1,200 and left a Nike backpack containing a bottle of mouthwash.
Both employees initially viewed a black-and-white photo spread and identified the same third person (not Turner); two days later they viewed a color spread and both selected Bryant E. Turner (Casher stated 100% certainty). Both made in-court identifications and identified Turner’s backpack on store video.
Forensic testing found Turner’s DNA on the inner cap of the mouthwash bottle; the backpack contained DNA from more than two persons; latent prints could not be attributed to Turner.
Turner moved for directed verdicts arguing identification was unreliable, there was no proof how the mouthwash/bag arrived, no physical link to him, and no weapon introduced to prove a deadly weapon. The trial court denied the motions; a jury convicted Turner of aggravated robbery and theft of property.
Turner appealed, challenging sufficiency of the evidence; because the aggregate sentence was life imprisonment, the appeal went to the Arkansas Supreme Court.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of evidence to support convictions	State: eyewitness IDs, video/still photos, and DNA on mouthwash cap sufficiently link Turner to the robbery	Turner: IDs were shaky (initial misidentification), no proof how mouthwash arrived, backpack DNA mixed, no fingerprints linking him	Affirmed — viewing evidence favorably to verdict, substantial evidence (IDs, video, DNA) supports convictions
Reliability of eyewitness identification	State: in-court IDs plus photo spread and video make IDs reliable	Turner: initial selection of another person and varying certainty undermine reliability	Court: reliability is for jury absent constitutional challenge; jury could credit IDs
Physical/forensic evidence tying Turner to scene	State: Turner’s DNA on mouthwash cap found in backpack left at scene supports connection	Turner: backpack DNA mixed, no prints attributed, no proof of how mouthwash got there	Affirmed — DNA on the mouthwash cap combined with video/IDs was sufficient evidence
Proof of deadly weapon for aggravated robbery	State: eyewitnesses and video showed robber armed; firearm qualifies as deadly weapon under statute	Turner: no weapon introduced as evidence and no testimony identifying the gun specifics	Affirmed — eyewitness and video evidence showing a gun satisfied the deadly-weapon element

Spearman v. State, 427 S.W.3d 593 (Ark. 2013) (standard for reviewing sufficiency of the evidence)
Phillips v. State, 40 S.W.3d 778 (Ark. 2001) (eyewitness-identification reliability is for the jury absent a constitutional challenge)