Copeland v. State, 37 S.W.3d 567 (Ark. 2001)

Cases | Copeland v. State, 37 S.W.3d 567 (Ark. 2001) | 2018

The defendant was convicted of first-degree murder. He appealed, arguing, among other things, that the trial court erred in permitting the victim’s former wife to read her statement to the jury during the sentencing phase. The Supreme Court of Arkansas affirmed, noting first that it was not improper for the victim’s former wife to read her written statement, as she was present in the courtroom, and as such, was subject to any objections or questions the defendant may have had of her. Furthermore, the defendant did not object when the victim’s former wife was allowed to read her written statement to the jury. Thus, he failed to preserve this issue for appeal. The defendant also objected to the victim’s former wife reading a statement prepared by her and the victim’s daughter. The Court noted, however, that the trial judge stated that the victim’s daughter should be subject to cross examination if the defense so desired, and asked the defendant’s attorney if he wanted to cross examine her. The defendant’s counsel declined. Thus, the defendant failed to explain why he was prejudiced by the introduction of the statement through the child’s mother.