Summary
The Supreme Court of Arkansas affirmed Brandon Hardman's capital murder conviction and life sentence for the shooting death of Antwan Jones. The court held that Hardman waived or failed to preserve objections concerning the use of his gang name, was not entitled to the requested lesser-included-offense instructions, and could properly be prevented from arguing that the State had to prove an intent to kill under the unlawful-discharge capital murder statute.
Topics
Practice areas
Questions Presented
- Whether the State's repeated references to Hardman by his gang name, "Little G," constituted reversible error despite the absence or untimeliness of objections.
- Whether first-degree murder, second-degree murder, and manslaughter were lesser-included offenses for which the jury should have been instructed under the unlawful-discharge capital-murder charge.
- Whether the trial court improperly prevented defense counsel from arguing that the State had to prove a purposeful intent to kill.
Holdings
- Hardman's challenge to the State's use of "Little G" was not preserved because he failed to object at the first opportunity, failed to renew objections when the reference was repeated, and in one instance received the relief he requested.
- The trial court did not err in refusing Hardman's proffered first-degree-murder and second-degree-murder instructions because those instructions required a culpable mental state directed at causing the victim's death, whereas the unlawful-discharge capital-murder offense requires purposeful conduct directed at discharging a firearm from a vehicle and death under circumstances manifesting extreme indifference to human life.
- The trial court did not abuse its discretion by preventing defense counsel from arguing that the State had to prove a purposeful intent to kill, because the unlawful-discharge capital-murder statute requires purposeful intent as to the firearm discharge, not a purposeful intent to cause death.
Key quotations
“Further, when a party objects to a question when it is asked, but fails to object when it is repeated, the matter is not preserved for appeal.” (at 747)
“The requirement that an act be done "purposely" in the statute refers only to the act of discharging a firearm; therefore, the trial court did not abuse its discretion in preventing Hardman from arguing that the State was required to prove a purposeful intent to kill.” (at 750)
Factual background
Police responding to a March 20, 2000 shooting at 28th and Battery Streets in Little Rock found Antwan Jones on the ground with a bullet wound to the back of his neck. The shooting occurred in territory associated with the Vice Lords gang, while Hardman was associated with the Folk or Gangster Disciple gang. Hardman was convicted of capital murder based on the unlawful discharge of a firearm from a vehicle that caused Jones's death.
Procedural history
Hardman was charged with and convicted of capital murder for killing Antwan Jones and received a life sentence. He appealed, arguing that references to his gang name were unduly prejudicial, that the trial court improperly refused lesser-offense jury instructions, and that the court improperly limited closing argument concerning intent. The Supreme Court of Arkansas affirmed and found no other reversible error under Arkansas Supreme Court Rule 4-3(h).