Supreme Court of Arkansas

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

February 16, 20172017 Ark. LEXIS 32

Summary

The court affirmed Lambert's conviction for felon in possession of a firearm, holding that substantial evidence supported constructive possession because the firearm was immediately and exclusively accessible to him and his suspicious conduct linked him to it. The court also affirmed denial of a new trial, concluding that any suppressed testimony from the vehicle's other passenger was cumulative and that Lambert failed to show a reasonable probability of a different outcome. Justice Hart, joined by Justice Baker, dissented, asserting that the testimony was not cumulative and that withholding it denied Lambert a fair trial.