Lawshea v. State

Summary

The Arkansas Supreme Court affirmed Kenneth Lawshea’s conviction for capital murder as an accomplice in the killing of Shirley Barnett-Lambert. The court held that substantial evidence supported the required premeditation and deliberation and that any challenge to the sufficiency of the evidence establishing accomplice status was not preserved for appeal.

Holdings

1. Lawshea's argument that the State failed to prove he encouraged, aided, or assisted Kelly in the murder was not preserved because his trial motion challenged only the mens rea element of premeditation and deliberation.
2. Substantial evidence supported Lawshea's conviction for capital murder as an accomplice because the evidence showed that he knew others wanted Lambert killed, was repeatedly approached about participating, failed to warn Lambert, accompanied Kelly to Lambert's home, gained entry, was present at the murder scene, and fled afterward.

Questions Presented

1. Whether the State presented substantial evidence that Lawshea, as an accomplice, acted with the premeditated and deliberated purpose required for capital murder.
2. Whether Lawshea could challenge on appeal the sufficiency of the evidence establishing his accomplice status when that ground was not raised in his motion for directed verdict or motion to dismiss.

Disposition

affirmed