LITTLE ROCK — The state Supreme Court does not have to decide whether two statutes are “unconstitutionally vague” or whether they led to a more serious conviction for Vadarian Meadows, justices ruled last week.
Meadows’ attorney argued that a Union County Circuit Court jury found Meadows guilty of capital murder because the state’s laws against capital murder and murder in the first degree are so similar that jurors were confused.
Justice Courtney Hudson Goodson wrote in the court’s unanimous opinion, released Thursday, that Meadows didn’t raise the issue at the trial so it could not be part of his appeal.
The court upheld his 2011 conviction and sentence of life imprisonment.
Robert Divine, the jury foreman in the trial, said in an affidavit that six of the 12 jurors would have convicted Meadows of first-degree murder but did not because they believed that someone guilty of first-degree murder was guilty of capital murder by definition.
First-degree murder is a “lesser included” offense in capital murder.
Capital murder carries a mandatory sentence of life in prison without parole or the death penalty, while a sentence for first-degree murder can be as little as 10 years in prison.
Arkansas Code Annotated 5-10-102, which defines first degree murder, uses language similar to Arkansas Code Annotated 5-10-101, which defines capital murder.
The court has ruled several times that the laws are constitutional, but Meadows’ attorney argued in briefs and before the court that actual evidence of the jury’s confusion in this case warranted another look.
But the court did not decide on the merits of the question.
Meadows also argued on appeal that his conviction should be overturned because the state did not corroborate his confession and the testimony of an accomplice.
At the trial, the state contended that Meadows and two others participated in a 2009 residential burglary in which Clarence Ritchey was fatally shot. It was argued during the trial that all three committed residential burglary and theft of property, and that Meadows’ cousin, Victor Meadows, killed Ritchey. Vadarian Meadows was convicted as an accomplice. He was also convicted of residential burglary and property theft.
A transcript of a statement Meadows made to police was presented as evidence. In it, Meadows said that he had agreed to go with his cousin to the house of Joel Telford in order to steal guns. Ashe and Victor were making their way to their vehicle, he said, he heard someone shout, “Who is you?” and then heard gunshots.
Marquita Meeks testified at the trial that she waited in the vehicle while Victor and Vadarian Meadows were in the house and that she heard gunfire.
Vadarian had argued that the state did have enough evidence to convict him because it did not independently corroborate both his confession and the statements of Meeks, an accomplice.
The court disagreed, finding that the state did offer evidence to support the convictions.
At the Supreme court the case is CR 11-602, Vadarian Meadows v. State of Arkansas.
Arkansas, Pages 12 on 02/13/2012