Supreme Court of Arkansas

Arthur L. Hicks, Jr., Appellant v. State of Arkansas, Appellee

September 28, 20172017 Ark. LEXIS 238

Summary

The court affirmed Hicks's capital-murder conviction and sentence, holding that substantial evidence supported the finding that he attempted to commit robbery and that the victim's statement to an emergency medical technician was admissible as an excited utterance. The court declined to consider Hicks's challenge to the extreme-indifference element because he had not preserved it below. Justice Hart concurred in the affirmance but would have admitted the statement under the medical-diagnosis-or-treatment exception instead.