Breeden v. State

Summary

The Arkansas Supreme Court affirmed Jackie M. Breeden Jr.’s conviction for raping his minor daughter and granted appointed counsel’s motion to withdraw under the Anders no-merit procedure. The court held that the sufficiency challenge was preserved only as to the victim’s age, upheld the admission of photographs depicting the victim at ages ten through twelve, and declined to consider unpreserved claims concerning counsel, the confession, due process, and ineffective assistance.

Holdings

1. A directed-verdict motion that generally asserts insufficiency but specifically challenges only the victim's age preserves for appeal only the sufficiency of the evidence proving the victim's age.
2. Substantial evidence supported Breeden's rape conviction because the evidence showed that he engaged in sexual intercourse or deviate sexual activity with A.B. while she was under fourteen.
3. The circuit court did not abuse its discretion by admitting photographs depicting the victim at ages ten, eleven, and twelve because they were relevant to show her age when the alleged rape occurred, and their probative value outweighed their prejudicial impact.
4. The court would not consider claims of denial of counsel, witness credibility, a coerced confession, ineffective assistance, due-process violations, or additional sufficiency arguments that were not properly raised and preserved below, or that were not cognizable on direct appeal.

Questions Presented

1. Whether the directed-verdict motion preserved a challenge to the sufficiency of the evidence beyond proof of the victim's age.
2. Whether substantial evidence supported the finding that Breeden engaged in sexual intercourse or deviate sexual activity with a person under fourteen.
3. Whether the circuit court abused its discretion by admitting photographs of the victim taken at ages ten, eleven, and twelve.
4. Whether the additional issues raised in Breeden's pro se response could be considered for the first time on direct appeal.
5. Whether the record disclosed reversible or prejudicial error under the no-merit appeal review required by Arkansas Supreme Court Rule 4-3(i).

Disposition

affirmed