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

Summary

The court held that the evidence was insufficient to support Holcomb’s conviction for internet stalking of a child because his sexually explicit online conversations did not demonstrate a determined attempt to plan or arrange a meeting. Applying the ordinary meaning of the statutory terms and strictly construing the penal statute in Holcomb’s favor, the court reversed and dismissed the conviction and sentence without reaching the constitutional challenge. Chief Justice Hannah, joined by Justices Corbin and Danielson, dissented, concluding that the jury could reasonably infer an effort to arrange a meeting from the conversations and surrounding circumstances.