Ewell v. State, 375 Ark. 137

Summary

The Supreme Court of Arkansas affirmed Justin Ewell’s convictions for aggravated robbery, theft of property, and two counts of kidnapping. The court held that the victims’ unequivocal pretrial and in-court identifications constituted substantial evidence supporting the convictions, and that alleged inconsistencies concerning a facial tattoo were matters for the fact-finder.

Holdings

1. The denial was proper because the victims' unequivocal pretrial and in-court identifications constituted substantial evidence supporting Ewell's convictions.

Questions Presented

1. Whether the trial court erred in denying Ewell's motion for a directed verdict because the State failed to present substantial evidence identifying him as the perpetrator of the theft, aggravated robbery, and kidnappings.
2. Whether inconsistencies concerning the victims' failure to report Ewell's facial tattoo rendered their identification testimony insufficient as a matter of law.

Disposition

affirmed