Supreme Court of Arkansas

Timothy Allen Wells, Appellant v. State of Arkansas, Appellee — Hart, J., Dissenting

October 10, 20132013 Ark. LEXIS 475

Summary

Justice Hart dissented from the affirmance of Wells's murder conviction, concluding that the trial court abused its discretion by refusing to give the accomplice-testimony instruction. She reasoned that evidence that Smith helped Wells flee, was near the murder, and had associated with Wells during an effort to obtain money was sufficient to warrant the instruction, and that the error was not harmless because, without Smith's testimony, the evidence did not establish the underlying robbery. Justice Baker joined the dissent.