Supreme Court of Arkansas

Ricky Dale Smith, Appellant v. State of Arkansas, Appellee — Hannah, J., Dissenting

February 18, 20102010 Ark. LEXIS 101

Summary

The dissent would hold that testimony about two unrelated subsequent robberies was inadmissible because it provided little or no direct evidence about the charged shooting and created substantial prejudice by portraying the defendant as a criminal. It would reverse the conviction and remand for a new trial. The dissent emphasizes that admitting such evidence undermined the presumption of innocence and allowed the jury to decide the case based on character rather than proof of the charged offense.