Owens v. State, 363 Ark. 413

Summary

The Arkansas Supreme Court affirmed Robert Lee Owens's convictions for aggravated robbery, first-degree battery, and misdemeanor theft. The court held that Owens's Batson challenge was not preserved and, in any event, that the trial court's ruling was not clearly against the preponderance of the evidence. The court also held that testimony from an eyewitness with knowledge sufficiently authenticated surveillance-camera photographs and that no enhanced-image expert testimony was required.

Holdings

1. The circuit court did not clearly err in finding no Batson violation. Although the State's use of five of six peremptory challenges against Black males raised an inference of purposeful discrimination, Owens did not preserve his challenge to the prosecutor's stated reason for striking Carey and presented no additional argument or proof that the reason was pretextual.
2. The State satisfied its authentication burden because Aku, a witness with knowledge, testified that the photographs accurately depicted the scene and events at the E-Z Mart. The person who extracted the still photographs from the videotape did not need to testify.
3. The court declined to impose a heightened authentication requirement for digital photographs merely because digital images are easier to manipulate. Expert testimony concerning alteration was not required where there was no indication that the photographs had been enhanced or altered.

Questions Presented

1. Whether the circuit court erred in denying Owens's Batson challenge to the prosecutor's peremptory strike of prospective juror Bobby Carey.
2. Whether the State adequately authenticated still photographs derived from a surveillance videotape for admission into evidence.
3. Whether the circuit court committed reversible error by admitting the photographs without testimony from the person who extracted them from the videotape or expert testimony regarding alteration or enhancement.

Disposition

affirmed