Derrick Gerade Lambert, Appellant v. State of Arkansas, Appellee

Summary

The court affirmed Lambert’s conviction for being a felon in possession of a firearm, holding that evidence of his proximity to the gun and suspicious conduct was sufficient to establish constructive possession. It also affirmed the denial of his motion for a new trial, concluding that even assuming the State suppressed favorable testimony, the testimony was cumulative and its absence did not create a reasonable probability of a different result. Justice Hart, joined by Justice Baker, dissented, asserting that Harrington’s testimony was not cumulative and that withholding it denied Lambert a fair trial.