(DOWNLOAD) "Howard v. State" by Supreme Court of Arkansas " eBook PDF Kindle ePub Free
eBook details
- Title: Howard v. State
- Author : Supreme Court of Arkansas
- Release Date : January 29, 2006
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 75 KB
Description
Appellant Thomas Leo Springs appeals the judgment and commitment order of the Sebastian County Circuit Court convicting him of one count of capital murder and two counts of aggravated assault. Appellant was sentenced to death on the count of capital murder and six years in prison and a $10,000 fine on each count of aggravated assault to run consecutively. On appeal, Appellant raises six arguments for reversal: the trial court (1) erred, as a matter of law, by failing to intervene and appoint a head-injury expert to examine him; (2) erred in submitting aggravating circumstances to the jury that were not warranted by the evidence; (3) erred in refusing to give Appellants proffered instruction on mitigating circumstances and, instead, submitting Arkansas Model Criminal Instruction Form 2; (4) erred in admitting States Exhibits 23 and 24 because that evidence was cumulative and its probative value was substantially outweighed by the danger of unfair prejudice; (5) erred when it allowed Appellant to be charged under Ark. Code Ann. § 5-10-101(Supp. 2003) in violation of the Eighth Amendment to the United States Constitution and the Arkansas Constitution; (6) abused its discretion in admitting victim-impact evidence during Appellants sentencing because, under Arkansas law, such evidence is irrelevant in capital-murder cases. As this case involves a sentence of death, jurisdiction is proper pursuant to Ark. Sup. Ct. R. 1-2(a)(2). We find no error and affirm.
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