Turner v. State
2011 Ark. 111
Ark.2011Background
- Turner was convicted of multiple drug offenses and three counts of cocaine delivery, and sentenced to five life terms plus 60 and 20 years, all consecutive.
- He appealed the circuit court’s denial of his severance motions for the cocaine-delivery charges.
- The cocaine offenses occurred in 2007; other offenses stemmed from a 2009 FBI undercover operation.
- The State argued a single scheme or plan; Turner argued the 2007 and 2009 offenses were separate.
- The court reversed and remanded, finding error in the denial of severance, and mootness of punishment issues.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether denial of severance was proper | Turner argues offenses were not a single scheme. | State contends offenses form a single scheme or plan. | Abuse of discretion; severance reversed and remanded. |
| Whether the 2007 and 2009 offenses were a single scheme or plan | Two time periods and separate buyers show no single scheme. | State contends ongoing scheme through drug trafficking. | No single scheme or plan; severance required. |
| Mootness of punishment-related issues | Five life terms for nonhomicide offenses violate evolving standards. | None specified; issues moot if severance reversed. | Moot; not addressed on appeal. |
Key Cases Cited
- Graham v. Florida, 560 U.S. 48 (2010) (Evolving standards of decency in sentencing)
- Clay v. State, 318 Ark. 550, 886 S.W.2d 608 (1994) (joinder/severance framework; Rule 22.2 vs Rule 22.1)
- Rios v. State, 262 Ark. 407, 557 S.W.2d 198 (1977) (cannot prove other sales to show future conduct)
- Sweatt v. State, 251 Ark. 650, 473 S.W.2d 913 (1971) (evidence of prior drug sales not admissible to prove sale on other occasions)
- Ford v. State, 34 Ark. 649 (1879) (single scheme exception to separate offenses)
- Bunn v. State, 320 Ark. 516, 898 S.W.2d 450 (1995) (severance of offenses; abuse of discretion standard)