In Arkansas murder case, verdict reversed

High court: Texarkana man quizzed on off-limits topics

The Arkansas Supreme Court reversed a murder conviction because prosecutors brought up a past incident that a lower court said was off-limits.

In a unanimous decision Thursday, the justices remanded the case to Miller County Circuit Court, which means Marvin Stanton of Texarkana will get a new trial.

Stanton was convicted in 2016 of first-degree murder, for which he received a sentence of life imprisonment, and employing a firearm to commit the murder, for which he received a 15-year sentence.

Before trial, Stanton moved to suppress any evidence regarding a 2007 incident that resulted in his arrest for aggravated assault. The charge was dropped after police investigated the incident.

In the first-degree murder trial, the circuit court judge ruled that evidence of the use of a gun eight years earlier "did not meet any of the criteria for admission."

At trial, Stanton took the stand in his own defense and asserted that he was justified in using deadly physical force against Jesse Hamilton, the victim. Before testifying about the circumstances surrounding Hamilton's death, however, Stanton testified about his personal history.

He said he was a Marine who served in Desert Storm, a father of six, a volunteer firefighter and a member of the Hope Rotary Club. He said he was licensed to carry a concealed handgun and was a "safety officer" for the National Rifle Association.

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On cross-examination, state lawyers asked Stanton whether he is a peaceful and law-abiding citizen. Stanton's counsel objected, asserting that Stanton had not testified regarding his peacefulness.

"The State advised the court that it intended to ask Stanton whether he had ever 'pull[ed]' a gun on someone," according to the opinion. "The State also informed the court that it intended to ask Stanton whether he had ever hit anyone in the head. The court concluded that the State could 'go forward now that [Stanton's] character has been placed into issue.'"

In response, Stanton testified about the 2007 incident originally ruled off-limits and an incident in which he had slapped a woman.

Writing for the majority, Justice Josephine Hart wrote that the high court agreed with the original circuit judge's decision on bringing up the prior incidents.

"The State's evidence that Stanton had drawn a gun after he had been followed home and that he had slapped a woman who had spit in his face was not admitted for the purpose of proving motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident," she wrote.

Metro on 04/28/2017

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