Supreme Court of Arkansas

James E. Clemons v. State of Arkansas

September 23, 20102010 Ark. LEXIS 429

Summary

The court affirmed Clemons’s capital-murder conviction and sentence, holding that substantial direct and circumstantial evidence supported the jury’s finding that he robbed or attempted to rob and killed Ponder. The court declined to review the exclusion of testimony about a jailhouse informant’s letter because Clemons did not challenge the hearsay basis for excluding it. The court also held that Clemons waived his discovery-based suppression claim by rejecting the circuit court’s offer of a continuance to allow him to review the videotaped statement.