Supreme Court of Arkansas

Kendrick Hampton, Appellant v. State of Arkansas, Appellee

June 26, 20142014 Ark. LEXIS 391

Summary

The court affirmed Hampton’s second-degree-murder conviction and sentence. It held that Hampton’s argument that the State bore the burden of disproving extreme emotional disturbance was not preserved because the trial objection did not specifically raise that ground. The court also declined to address his challenge concerning a potentially divided jury because the record showed no such division and the issue was hypothetical. Justice Baker, joined by Justice Hart, concurred, reasoning that the argument was preserved but that the instructions placed the burden on the State and therefore warranted affirmance.