Summary
The Supreme Court of Arkansas reviewed the Court of Appeals' reversal of Alfred Lavorice Brown's conviction for second-degree sexual assault. The court held that the victim's testimony provided substantial evidence supporting the conviction and that Brown failed to demonstrate prejudice from the denial of a continuance to secure an unavailable witness. The court affirmed the circuit court's judgment and reversed the Court of Appeals' decision.
Topics
Practice areas
Questions Presented
- Whether substantial evidence supported Brown's conviction for second-degree sexual assault.
- Whether the circuit court abused its discretion and prejudiced Brown by denying his motion for a continuance to secure an unavailable defense witness.
Holdings
- The victim's testimony that Brown touched her buttocks and placed his private part in her behind constituted substantial evidence supporting the conviction, despite inconsistencies in her testimony and the absence of corroborating scientific evidence.
- The denial of the continuance was not reversible error because, even assuming the circuit court should have granted the request, Brown failed to show prejudice amounting to a denial of justice; the proposed testimony was cumulative of other evidence presented at trial.
Key quotations
“The victim's testimony was substantial evidence to support the jury's finding of guilt.” (230)
“We therefore conclude that, because the jury had before it evidence that A.B. previously made claims of abuse that no one believed, including Investigator Paladino, Appellant was not prejudiced by the trial court's denial of his motion for continuance.” (233)
Factual background
Brown was charged with four sexual offenses involving two children, including his biological daughter, A.B., who was under fourteen at the time of the alleged offenses. The jury acquitted Brown of three rape charges but convicted him of second-degree sexual assault based principally on A.B.'s testimony that Brown touched her buttocks and placed his penis in or near her private parts. Brown sought a continuance to secure the testimony of Investigator Lenore Paladino, who had investigated an earlier abuse allegation by A.B. and deemed it unsubstantiated, but the circuit court denied the request.
Procedural history
Brown was convicted in Pulaski County Circuit Court of second-degree sexual assault and sentenced as a habitual offender to 276 months' imprisonment. The Arkansas Court of Appeals held that the evidence was sufficient but that the circuit court erred in denying Brown's motion for a continuance, and it reversed and remanded for a new trial. On the State's petition for review, the Supreme Court of Arkansas found no error, reversed the court of appeals, and affirmed the circuit court judgment.