Williams v. State
2011 Ark. App. 675
| Ark. Ct. App. | 2011Background
- Appellant Akin O. Williams was convicted of rape by a Hempstead County jury on November 2, 2010, and sentenced to sixty years’ imprisonment.
- Appellant was charged and tried for rape on October 25, 2010.
- During voir dire, the State made statements about sex proof; the court admonished jurors to disregard and trial continued.
- Defense moved for mistrial; the court denied the motion and renewed it at the end of jury selection.
- The victim A.A. testified to a two-hour rape; DNA evidence showed appellant’s semen and a major DNA contributor matching appellant.
- Appellant refused initially to submit to a DNA test but later provided a sample; the State presented DNA testimony and the defense challenged related evidentiary issues.
- Appellant appealed asserting (1) denial of mistrial, (2) denial of directed verdict, (3) admission of evidence of initial DNA-refusal, and (4) exclusion of victim’s prior criminal history; the appellate court affirmed the conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Mistrial due to voir dire conduct | Williams argues voir dire statements prejudiced the jury. | Williams argues the State’s comments require mistrial. | Untimely mistrial motion; preserved issue not reached. |
| Directed verdict sufficiency of evidence | Williams contends insufficient evidence of intercourse or forcible compulsion. | Williams asserts lack of credible victim and insufficient proof. | No error; substantial evidence supported rape verdict. |
| Admission of DNA-refusal evidence | Williams asserts DNA-refusal evidence is irrelevant and prejudicial. | State argues evidence shows consciousness of guilt and is not cumulative. | Admission not an abuse of discretion; probative value outweighed prejudice. |
| Victim’s prior criminal history for impeachment | Williams seeks cross-examination about victim’s prior misdemeanor and drug conviction. | Not properly preserved; Rule 404(a)(2) argument not preserved. | Not preserved for review; cross-examination refused. |
Key Cases Cited
- Bishop v. State, 310 Ark. 479, 839 S.W.2d 6 (1992) (rape-victim credibility can support conviction)
- Morgan v. State, 2009 Ark. 257, 308 S.W.3d 147 (2009) (credibility/issues for jury; circumstantial evidence rules apply)
- Sweet v. State, 2011 Ark. 20, 370 S.W.3d 510 (2011) (directed verdict/sufficiency standard for sufficiency review)
- McCoy v. State, 2010 Ark. 373, 370 S.W.3d 241 (2010) (timeliness of mistrial motion; need to cure error first)
- Sanders v. State, 278 Ark. 420, 646 S.W.2d 14 (1983) (voir dire error and admonitions not automatically reversible)
- Tryon v. State, 871 Ark. 25, 268 S.W.3d 475 (2007) (mistrial standard and discretionary review)
- Zachary v. State, 358 Ark. 174, 188 S.W.3d 917 (2004) (admonitions sufficient unless inflammatory)