Albert Kieth Smith v. State of Arkansas, 367 Ark. 274

Summary

The Arkansas Supreme Court affirmed Albert Kieth Smith’s convictions for kidnapping and capital murder. The court held that Smith failed to preserve his sufficiency-of-the-evidence challenge because his directed-verdict motion was nonspecific, and it rejected his jurisdiction, burden-of-proof, jury-instruction, and prior-bad-acts arguments. The opinion found no prejudicial error under Arkansas Supreme Court Rule 4-3(h).

Holdings

1. A directed-verdict motion that merely states that the evidence is insufficient, without identifying how the evidence is deficient, does not preserve a sufficiency challenge for appeal.
2. The circuit court had jurisdiction because the record contained no positive evidence that the offenses occurred outside Arkansas and contained substantial evidence that essential elements occurred in Arkansas.
3. Admission of Smith's custodial statements did not impermissibly shift the burden of proof to the defendant.
4. The circuit court did not err by failing to repeat at the close of evidence an admonishment that had already been given when the exhibits were introduced.
5. The circuit court did not abuse its discretion by admitting evidence that Smith contacted another internet contact of his estranged wife, traveled to Florida, and possessed a rope and knife with a map, because the evidence was relevant to intent, motive, or planning rather than merely to show character.

Questions Presented

1. Whether the circuit court lacked jurisdiction because Howard's body was found in Oklahoma or whether jurisdiction had to be submitted to the jury.
2. Whether Smith preserved a challenge to the sufficiency of the evidence by making a proper directed-verdict motion.
3. Whether admission of Smith's custodial statements impermissibly shifted the burden of proof to him.
4. Whether the circuit court erred by failing to give a final jury instruction concerning evidence admitted for purposes other than the truth of the matter asserted.
5. Whether evidence concerning Smith's contacts with another man, travel to Florida, and possession of a rope, knife, and map was inadmissible prior-bad-acts evidence under Arkansas Rule of Evidence 404(b).

Disposition

affirmed