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Harper v. State

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eBook details

  • Title: Harper v. State
  • Author : Supreme Court of Arkansas
  • Release Date : January 07, 2004
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 57 KB

Description

A Pulaski County jury convicted appellant Tony Harper of capital murder and aggravated robbery. He was sentenced to a term of life imprisonment without parole for the capital murder, and a concurrent term of 360 months for the aggravated robbery. The charges arose from the shooting death of Little Rock taxi driver Leroy Johnson on December 17, 2002. Harper appeals, arguing that the circuit court erred in denying his motion to suppress his statement. He also argues that there is insufficient evidence to support his convictions for capital murder and aggravated robbery; alternatively, he argues that even if this court finds there was substantial evidence to support the verdict, the circuit court erred by sentencing him for both capital murder and the underlying felony. Finally, Harper argues that the circuit court erred in admitting into evidence photographs of the deceased that were gruesome and inflammatory. We find no error and affirm. Our jurisdiction is pursuant to Ark. Sup. Ct. R. 1-2(a)(2). Facts Detective John White of the Little Rock Police Department testified that on December 17, 2002, he was called to investigate the shooting death of taxi driver Leroy Johnson at 24th and Monroe Streets in Little Rock. White contacted the cab company and learned that Johnson had picked up his last customer at 923 McAlmont. White, Detective Eric Knowles, and another officer went to that address. No one was at that address, so they canvassed the neighborhood to see if anyone had called the cab company during the night. At a nearby apartment building, the officers found Arthur Culps, who told the officers that his next-door neighbor, Tony Harper, had used his phone the night of the murder. Detective White testified that according to Culps, on that night, Harper was carrying a shotgun and talking about killing his wife. White stated that Culps told him that he and Harper drank a shot of whiskey. Further, White testified that Culps told him he tried to prevent Harper from leaving the apartment because he could tell that Harper was ""clearly upset."" White stated that Culps told him that Harper eventually left the apartment, still carrying the shotgun. White testified that at that time, he knew that Johnson had been killed with a shotgun.


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