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Leach v. State

Supreme Court of Arkansas

April 9, 2015

RAYMOND D. LEACH, APPELLANT
v.
STATE OF ARKANSAS, APPELLEE

Page 796

POLK COUNTY CIRCUIT COURT. NO. 57CR-09-95. HONORABLE J.W. LOONEY, JUDGE.

HART, J., joins. DANIELSON and HART, JJ., dissent.

OPINION

HART, J.

Page 797

PRO SE MOTIONS FOR TRANSCRIPT AND FOR EXTENSION OF BRIEF TIME

PER CURIAM

In 2011, appellant Raymond D. Leach was found guilty by a jury of capital murder and sentenced to life imprisonment without parole. This court affirmed. Leach v. State, 2012 Ark. 179, 402 S.W.3d 517.

Subsequently, appellant timely filed in the trial court a verified, pro se petition for postconviction relief pursuant to Arkansas Rule of Criminal Procedure 37.1 (2011). The trial court denied the petition, and appellant lodged an appeal from that order in this court. He now also seeks by pro se motions a copy of the transcript of his trial to prepare the appellant's brief for the appeal and an extension of time to file the brief. As it is clear from the record that appellant could not prevail if the appeal were permitted to go forward, we dismiss the appeal. The motions are moot. See

Page 798

Winters v. State, 2014 Ark. 399, 441 S.W.3d 22 (per curiam).

Appellant was found guilty of capital murder in the death of Christopher Casey who had been stabbed. At trial, Jack Shepard testified that when he left his home on July 17, 2009, between 2:30 and 2:45 a.m., he saw owned by Tyler Prine blocking the road. He stopped and observed Prine and appellant, both of whom were drunk. Appellant, who appeared agitated and was walking in circles, said repeatedly that he had stabbed the victim because Prine had wanted him to do so and that he and Prine needed to take the truck and dispose of the body. Shepard returned to his home and called 911.

Prine testified at trial that he went to a party on July 16, 2009, where appellant was " pretty drunk." He testified that he, appellant, and the victim left the party. Later, as the victim was driving the three to Prine's house, appellant suddenly jumped on the victim and stabbed him. After appellant and Prine got out of the truck, appellant asked what he should do with the butterfly knife used in the stabbing, and Prine said to put in it the truck's tool box. When Prine asked appellant why he had stabbed the victim, appellant said that he thought Prine wanted him to do so. Prine denied that he had asked appellant to kill the victim. The authorities retrieved a butterfly knife from the tool box that was determined by forensic testing to be stained with the victim's blood. The victim's blood was also found on appellant's clothing.

There was also testimony that appellant said in an interview after his arrest that he had been drinking heavily and taking prescription drugs on the evening of July 16, 2009, had no memory of being in the truck with the victim and ...


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