Shawna Cash v. State of Arkansas

Summary

The Supreme Court of Arkansas affirmed Shawna Cash’s convictions for capital murder, fleeing, obstruction of governmental operations, and two counts of aggravated assault, along with her aggregate life sentence. The court held that Cash invited any error regarding admission of a recorded jail call and that the prosecutor’s closing remark about fleeing was proper. Although the court concluded that evidence concerning a stolen key fob was not independently relevant, it held that any error in admitting it was harmless.

Holdings

1. Cash could not challenge the admission of the portions of the jail call concerning her attorney's legal opinions because the challenged evidence was admitted at defense counsel's request.
2. The prosecutor's remark that fleeing from police was 'a way of life' was not an improper propensity argument because evidence of Cash's prior flights from police was admitted for permissible purposes, including intent and premeditated and deliberated purpose.
3. The stolen-key-fob evidence was not independently relevant to prove Cash's intent to flee or commit capital murder because Cash was not the driver during that incident; however, any error in admitting the evidence was harmless.

Questions Presented

1. Whether the circuit court erred by admitting a recorded jail call in which Cash discussed her attorney's characterization of the possible charges.
2. Whether the prosecutor's closing argument that fleeing from police was 'a way of life' constituted an improper propensity argument under Arkansas Rule of Evidence 404(b).
3. Whether the circuit court erred by admitting evidence of a prior stolen-key-fob incident involving Cash.
4. If admission of the stolen-key-fob evidence was erroneous, whether the error was harmless.

Disposition

affirmed