Jarell Davis Terry v. State of Arkansas

Summary

The Supreme Court of Arkansas affirmed Jarell Davis Terry’s convictions for first-degree murder, aggravated robbery, and theft of property. The court held that substantial evidence supported the convictions, rejected Terry’s juror-misconduct claim as unpreserved and unsupported by prejudice, and concluded that the State rebutted the presumption of prejudice arising from irregularities in handling jury questions during deliberations.

Holdings

1. Substantial evidence supported Terry's convictions for first-degree murder, aggravated robbery, and theft of property, so the circuit court properly denied the directed-verdict motions.
2. Terry failed to preserve his juror-misconduct claim and, independently, failed to prove that misconduct occurred or that a reasonable possibility of prejudice resulted.
3. Although the circuit court failed to comply with Ark. Code Ann. § 16-89-125(e), the State rebutted the resulting presumption of prejudice because the record was settled, counsel knew of the jury notes, and the parties agreed to provide the jury instructions and new verdict forms.

Questions Presented

1. Whether substantial evidence supported Terry's convictions for first-degree murder, aggravated robbery, and theft of property.
2. Whether the circuit court abused its discretion or committed reversible error by refusing to question a juror concerning an alleged nod toward the victim's family.
3. Whether the incomplete record concerning two jury notes during deliberations required reversal because the circuit court failed to comply with Ark. Code Ann. § 16-89-125(e) and Terry was allegedly absent from critical proceedings.

Disposition

affirmed