Supreme Court of Arkansas

Roger Allen Hammon v. State of Arkansas

October 7, 1999338 Ark. 733

Summary

The court affirmed Hammon's capital-murder conviction and life sentence, holding that the victim's statements identifying Hammon as the shooter were admissible dying declarations. The victim was competent to make the statements because evidence showed he was coherent and not intoxicated, while any credibility concerns were for the jury. The court also held that the statements' probative value was not substantially outweighed by unfair prejudice merely because the State had other evidence of the shooting.

Holding

  • Admissibility of the victim's dying declaration. The victim's statements were admissible dying declarations. The evidence established that he was competent to make the statements, and the presence of drug metabolites in his urine raised a credibility issue for the jury rather than an admissibility defect.
  • Exclusion under Rule 403. The trial court did not abuse its discretion by admitting the dying declaration under Rule 403. The availability of other evidence establishing the shooting did not require exclusion of additional probative evidence.

Docket CR 98-525

Cited authorities

  • Sup. Ct. R. 4

Cited by

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