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Harris v. State

Court of Appeals of Arkansas, Division IV

March 16, 2016

KIRK DOUGLAS HARRIS, JR., APPELLANT
v.
STATE OF ARKANSAS, APPELLEE

          APPEAL FROM THE STONE COUNTY CIRCUIT COURT. NO. CR-13-52. HONORABLE JOHN DAN KEMP, JUDGE.

         Omar F. Greene, for appellant.

         Leslie Rutledge, Att'y Gen., by: Evelyn D. Gomez, Ass't Att'y Gen., for appellee.

         LARRY D. VAUGHT, Judge. ABRAMSON and GRUBER, JJ., agree.

          OPINION

         LARRY D. VAUGHT, Judge

         Appellant Kirk Douglas Harris, Jr., was charged in the Stone County Circuit Court with attempted first-degree murder for allegedly stabbing and cutting Michael " Mike" Pringlemeir. Following a jury trial, Harris was convicted of attempted second-degree murder and sentenced to serve twenty years' imprisonment in the Arkansas Department of Correction and to pay a $15,000 fine. On appeal, Harris argues that the trial court, in limiting the cross-examination of Mike's wife, Rebecca " Becky" Pringlemeir, violated his right to confront his accuser and abused its discretion. We affirm.

         Because Harris is not challenging the sufficiency of the evidence, only a brief summary of the facts is required. On June 25, 2013, Harris, Mike, and Becky were at the home of Melvin England drinking alcohol. Becky testified that Harris was on the phone with his girlfriend when Mike said, " Get off the phone with the whore." Becky saw Harris jump out of his chair and scuffle with Mike. Becky separated the men. She next saw Harris leave the room, return with a large knife, and head toward Mike. Becky witnessed Harris stab Mike in the chest and back with the knife and cut his face from his mouth to his earlobe.

         Harris raises one point on appeal--that the trial court erred in limiting his cross-examination of Becky. During her cross-examination, Becky stated that she started drinking alcohol around 6:00 p.m. and stopped drinking around 9:00 p.m. She stated that she was not intoxicated at any point during the night and that alcohol did not cloud her judgment or perception. She also testified that before the stabbing, she and Harris had sex while Mike watched. Defense counsel continued:

Defense Counsel: I don't mean to harp on this issue but I just--I really want to know the extent of the drinking that was there, okay? Were you guys--were you drunk whenever you had sex [with Harris]?
Witness: No.
State: Judge, we'd object. Can we approach?
. . . .
[Sidebar]
State: Judge, she's asked [Becky] this question once. She's answered. She answered again. . . . This is the third time. This is repetition. She's answered the ...

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