Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Reynolds v. State

Court of Appeals of Arkansas, Division I

January 10, 2018

CHRISTOPHER SCOTT REYNOLDS, APPELLANT
v.
STATE OF ARKANSAS, APPELLEE

         APPEAL FROM THE CLARK COUNTY CIRCUIT COURT [NO. 10CR-14-35] HONORABLE ROBERT McCALLUM, JUDGE

          Brian G. Brooks, Attorney at Law, PLLC, by: Brian G. Brooks, for appellant.

          Leslie Rutledge, Att'y Gen., by: Brad Newman, Ass't Att'y Gen., for appellee.

          PHILLIP T. WHITEAKER, JUDGE

         Appellant Christopher Reynolds was convicted by a Clark County jury of one count of first-degree domestic battery and was sentenced to fourteen years' imprisonment. Reynolds's attorney initially filed a motion to withdraw as counsel and a no-merit brief pursuant to Anders v. California, 386 U.S. 738 (1967), and Rule 4-3(k) of the Rules of the Arkansas Supreme Court and Court of Appeals. We denied counsel's motion to withdraw, holding that the brief failed to address numerous adverse rulings. Reynolds v. State, 2017 Ark.App. 397 (Reynolds I). Reynolds subsequently obtained new counsel, who has filed a merit brief in which he challenges the sufficiency of the evidence supporting the verdict and the circuit court's refusal to give a proffered instruction. We affirm.

          I. Background

         Reynolds was charged with first-degree domestic battery based on allegations that he broke the leg of his girlfriend's four-year-old son, S.W. (S.W. experienced a severe transverse fracture injury to his left femur.) S.W. reported that Reynolds threw him onto a bed and spanked him, causing his injuries. Reynolds denied having caused the injury but suggested that the child had fallen down the stairs at home. Medical experts, as well as child-abuse experts, testified that such an injury was likely to have been caused by a "fairly high force trauma, " like a car accident, or having a large, heavy object apply "a large amount of direct force to that part of the leg, " or a fall from many stories high. As noted above, the jury convicted Reynolds of first-degree domestic battery.

         II. Sufficiency of the Evidence

         In what is actually his second point on appeal, Reynolds challenges the sufficiency of the evidence supporting the jury's verdict.[1] Reynolds was charged with first-degree domestic battery pursuant to Arkansas Code Annotated section 5-26-303(a)(4) (Repl. 2013). Under that provision, a person commits domestic battery in the first degree if he or she causes serious physical injury to a family or household member under circumstances manifesting extreme indifference to the value of human life. Reynolds argues on appeal that the evidence was insufficient to show that he engaged in conduct that "manifested extreme indifference to the value of human life."

         We cannot reach the merits of his argument, however, because he failed to preserve it for appellate review. Under Arkansas Rule of Criminal Procedure 33.1 (2016), Reynolds was required to state the specific grounds on which his motion for directed verdict relied. At trial, however, counsel moved for directed verdict as follows:

Defense: Your Honor, at this point, the Defense moves for a directed verdict.
Court: Okay. The State's position?
State: Certainly, we've made a prima facie case for the charge ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.