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Gillard v. State

Court of Appeals of Arkansas, Division I

October 2, 2019

Tanisha GILLARD, Appellant
v.
STATE of Arkansas, Appellee

Page 704

          APPEAL FROM THE CRITTENDEN COUNTY CIRCUIT COURT [NO. 18CR-17-848], HONORABLE RANDY F. PHILHOURS, JUDGE

          Dusti Standridge, for appellant.

         Leslie Rutledge, Att’y Gen., by: Jason Michael Johnson, Ass’t Att’y Gen., for appellee.

         OPINION

         KENNETH S. HIXSON, Judge

          Appellant Tanisha Gillard was convicted in a jury trial of second-degree murder. The victim was Wesley Booker, who died as a result of multiple stab and cutting wounds. Tanisha was sentenced to ten years in prison in addition to a five-year enhancement for committing the crime in the presence of a child.

          Tanisha now appeals, arguing that there was insufficient evidence to support her second-degree murder conviction. Tanisha argues that the State failed to prove that she had the required mental state to commit the offense. She further argues that the State did not disprove her claim that she acted in self-defense. We affirm.

         Arkansas Code Annotated section 5-10-103(a) (Repl. 2013) provides:

(a) A person commits murder in the second degree if:
(1) The person knowingly causes the death of another person under circumstances manifesting extreme indifference to the value of human life; or
(2) With the purpose of causing serious physical injury to another person,

Page 705

the person causes the death of any person.

          In reviewing a challenge to the sufficiency of the evidence, this court determines whether the verdict is supported by substantial evidence, direct or circumstantial. Medlock v. State,2016 Ark.App. 282, 493 S.W.3d 789. Substantial evidence is evidence forceful enough to compel a conclusion one way or the other beyond suspicion or conjecture. Id. We review the evidence in the light most favorable to the State, considering only the evidence that supports the verdict. Davis v. State, 2016 Ark.App. 274, 493 S.W.3d 339. Weighing the evidence, ...


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