Derek Coy Holcomb, Appellant v. State of Arkansas, Appellee

Summary

The court held that the evidence was insufficient to prove that Holcomb made a determined attempt to arrange a meeting, an element of internet stalking of a child under the statute. Because his online messages presented hypotheticals and he repeatedly declined or failed to make definite plans, the circuit court erred by denying his motion for directed verdict, requiring reversal and dismissal of the conviction. Chief Justice Hannah, joined by Justices Corbin and Danielson, dissented and would have affirmed because the jury could reasonably infer an effort to arrange a meeting from the conversations and surrounding circumstances.