Whiteside v. State
2011 Ark. 371
| Ark. | 2011Background
- Whiteside, a 17-year-old at the time, was convicted of capital-felony murder and aggravated robbery in the London robbery and murder case.
- He received life without parole for capital murder, 35 years for aggravated robbery, and a 15-year enhancement for using a firearm.
- Trial testimony depicted Whiteside planning a robbery of London, coordinating via phone, sending a gun to Barnes, and participating in the underlying aggravated robbery.
- Arrington and Talley provided detailed account of Whiteside’s role, including passing a gun and directing London’s confrontation and subsequent shooting.
- A .40 caliber shell casing was found at the scene; no cash was recovered; Barnes was involved but did not testify at Whiteside’s trial.
- Whiteside challenged the sufficiency of the evidence, the burden-shifting instruction, Eighth/Arkansas constitutional punishment concerns for juveniles, and the legality of the mandatory life sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for capital murder | Whiteside argues no proof of aiding the homicidal act. | Whiteside contends his role was limited to the underlying felony. | Evidence shows accomplice liability; sufficient for capital murder. |
| Burden-shifting instruction | State claims no improper burden-shifting; defense argues otherwise. | Whiteside contends the statute/delivery shifts burden to him. | Issue not preserved; burden-shifting argument not addressed on appeal. |
| Juvenile life sentence under Graham and Arkansas law | Graham requires reconsideration for juveniles in capital-murder accomplice context. | Graham does not extend to accomplice liability; prior Arkansas decisions control. | Graham does not require reversal; precedent upholds life-without-parole for juvenile capital murder. |
| Mandatory life sentence and jury trial rights | Conflict among sentencing statutes; jury should fix punishment. | No constitutional violation; statutes harmonize; no jury-right to sentencing in Arkansas. | No error; statutes harmonized; jury sentencing not required for fixed life sentence. |
Key Cases Cited
- Miles v. State, 350 Ark. 243, 85 S.W.3d 907 (2002) (accomplice liability sufficient in felony-murder context)
- Arnett v. State, 342 Ark. 66, 27 S.W.3d 721 (2000) (accomplice liability for underlying felony suffices for capital murder)
- Lawshea v. State, 2009 Ark. 600, 357 S.W.3d 901 (2009) (clarifies accomplice liability boundaries in felony murder)
- Jefferson v. State, 372 Ark. 307, 276 S.W.3d 214 (2008) (addressed burden-shifting in capital murder context)
- Jones v. State, 336 Ark. 191, 984 S.W.2d 432 (1999) (burden-shifting analysis in capital cases)
- Cox v. State, 2011 Ark. 96, 2011 WL 737307 (2011) (reaffirmed Graham-related reasoning defenses)
- Ricks v. State, 327 Ark. 513, 940 S.W.2d 422 (1997) (statutory scheme harmonization with jury sentencing)
- Bunch v. State, 344 Ark. 730, 43 S.W.3d 132 (2001) (no impermissible repeal by implication of sentence statutes)
- Thomas v. State, 349 Ark. 447, 79 S.W.3d 347 (2002) (statutes harmonizable; no implied repeal of sentencing provisions)
- Graham v. Florida, 560 U.S. 466, 130 S. Ct. 2011, 176 L. Ed. 2d 825 (2010) (juvenile life-without-parole for nonhomicide offenses unconstitutional; not controlling for accomplice homicide)
- Hicks v. Oklahoma, 447 U.S. 343, 100 S. Ct. 2227, 65 L. Ed. 2d 175 (1980) (due process concern under mandatory sentences distinguished from state-law context)
- Jackson v. Norris, 2011 Ark. 49, 378 S.W.3d 103 (2011) (rejected Graham extension to juvenile capital-murder accomplices)
- Jefferson v. State, 372 Ark. 307, 276 S.W.3d 214 (2008) (burden-shifting analysis in capital cases)