Anthony K. Randle v. State of Arkansas
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SUPREME COURT OF ARKANSAS
No. CR07490
Opinion Delivered 13108
ANTHONY K. RANDLE,
APPELLANT,
VS.
STATE OF ARKANSAS,
APPEAL FROM THE CIRCUIT COURT
OF PULASKI COUNTY, NO. CR2006
2 5 8 9 , H O N O R A B L E M AR IO N
HUMPHREY, JUDGE,
APPELLEE,
AFFIRMED.
ROBERT L. BROWN, Associate Justice
Appellant Anthony K. Randle appeals his conviction for capital murder in the death
of Ranson Harrison, for which he was sentenced to life imprisonment without parole. For
his sole point on appeal, he claims that the circuit court’s ruling foreclosing him from
presenting evidence that cocaine was found in Ranson Harrison’s system at the autopsy
denied him a fair trial. We disagree, and we affirm.
On Sunday, April 16, 2006, Ranson Harrison was shot and killed outside Hudson’s
Fish Market in North Little Rock. Randle was eventually arrested and charged with capital
murder. At trial, witnesses testified to the following events. On Friday, April 14, 2006,
Harrison and Randle were involved in a fight that was witnessed by a large number of
people. Randle initiated the argument but was eventually knocked to the ground by Harrison
and had to be helped to his feet by a friend. Later that night, Randle accosted Gloria Cole,
Harrison’s girlfriend, and tried to get her to tell him where Harrison was. Seeing a gun, Cole
was frightened and ran to the residence of Hattie and Hubert Nowden, Harrison’s mother and
stepfather, where she banged on the door. The Nowdens answered, and Randle followed
Cole to the porch. After Mrs. Nowden asked his name, Randle left the area.
The next day, Saturday, Harrison went to a friend’s house to ask if he could borrow
a gun for selfprotection. On Sunday, which was the day of the murder and two days after
the fight, Cole and Harrison went to a local convenience store together. The couple
completed their purchase and went back outside, where they met an acquaintance of Cole’s,
who asked her to get him a soda. She left Harrison outside and returned to the store for the
soda. She returned outside and was handing her acquaintance the soda when she heard three
gunshots. She looked up and saw Randle fleeing the scene in a burgundy sport utility
vehicle.
There was another witness to the murder, Cherita King, who saw a burgundy
or crimson SUV drive up to Harrison. She saw the arm of a male African American reach
out of the SUV holding a gun and shoot three or four times. She testified about the clothing
worn by the killer but could not identify him as Randle. She saw Harrison run a short
distance and fall to the ground. After the SUV left the scene, she ran to give aid to Harrison
and called for a neighbor to call 911.
The medical examiner testified the Harrison died of a single gunshot wound to his
chest. During the police investigation, suspicion turned to Randle. Police discovered that
Randle’s sometime girlfriend, Yvonne Armistead, owned a maroon SUV to which she
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testified Randle could have gotten access. When questioned, Randle admitted to the Friday
night fight but claimed to be fishing with two friends at the time of the murder. These
friends initially confirmed his story but later, when confronted with the frequent cell phone
calls that had transpired between the three men during the time they were supposedly
together fishing, they admitted to fabricating the story to protect Randle from suspicion.
Randle was then charged with capital murder.
At a pretrial hearing, the State made a motion in limine to exclude evidence that
cocaine was found in the victim’s system during the autopsy. The State argued that the
evidence would have no relevance, given Harrison’s general denial defense, except to show
the victim as a man of bad character. Defense counsel contested the motion, saying:
Well, I think it should be brought out, Your Honor, due to the simple fact that
the defense – we’ve made no claim we’re going to use it as to him being a bad
person. I think that the jurors – I think that is, once again, in the province of
the jurors to decide if this man was under the influence or not. It’s not going
to – I can see where the evidence would go to show that he’s a bad person.
But what we’re dealing with, Your Honor, we’ve got a number of witnesses
who also do cocaine and have done cocaine with him. So, it’s a very
important part of our case. We’re not trying to use it to make him look bad but
it is an important part of our case that the autopsy said that he was under the
influence. We can impeach witnesses with that, not necessarily him. But,
Your Honor, I don’t – I think that it would severely prejudice our case where
we couldn’t get a fair defense if that was said or not.
When the circuit court asked for clarification about the relevance of cocaine in the victim’s
system, defense counsel answered:
Well, Your Honor, that would be used to show that this man – basically, it
would show that he – it wouldn’t show his character or anything. It would
show that he was under the influence at this time and also it leaves room for
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us to impeach other witnesses about, if they’re going to testify to this, them
being with him. I just – you know – I think this is a province that should be
– I should be able to use for the simple fact, Your Honor, for not only
impeachment purposes but on other witnesses. I know I can’t impeach him but
I can use this for other purposes on other witnesses. I mean, if they bring his
character into issue – he’s a good guy or something like that or he’s never
done drugs – then I can’t use that if its kept out. . . . [W]hat we’re saying is
this: we’ve got other witnesses here who – which most of the prosecution
witnesses are going to have something to do with this guy during the – almost
– during the time that he got killed or sometime before. And I think that
should be allowed for me for impeachment purposes. I don’t – I’m not trying
to reflect on this guy’s character. I mean, that’s not what I would want to use
it for.
The circuit court granted the State’s motion and excluded the evidence “unless that matter
is brought out or subject to impeaching some other witness as to what they were doing from
timetotime and whether or not they’d been involved with drugs or someone says that he
was not a user. Then, the Court would permit you to delve into that.”
At trial, defense counsel did not call any witnesses, but he did crossexamine the
State’s witnesses. In particular, defense counsel questioned State witness Gloria Cole about
her ability to see and recall the events surrounding the murder. Defense counsel also made
several attempts to elicit testimony regarding Harrison’s and Cole’s unemployed and
homeless status.
At one point at trial, defense counsel asked Cole whether she smoked crack. This
drew an objection from the State, which was sustained. Defense counsel did not make any
argument as to why the objection should be overruled; nor did he attempt to question Cole
more specifically about her drug use on the day of the murder. At no time during the trial
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did defense counsel argue that cocaine in the victim’s system had become relevant to
impeaching a specific witness or relevant to Randle’s defense.
The jury found Randle guilty of capital murder. The State had waived the death
penalty, and Randle received an automatic life sentence without the possibility of parole.
Randle now contends on appeal that the exclusion of the evidence that the victim had
cocaine in his system at the time of the murder denied him his constitutional right to a fair
trial and also violated Rules 401, 402 and 403 of the Arkansas Rules of Evidence. The
victim’s status as an unemployed drug user was relevant, Randle argues, because it supported
a theory that the victim was killed by a drug dealer to whom he owed money. Although it
is not entirely clear, Randle also appears to assert that the presence of cocaine in the victim’s
system would have shed light on the similar cocaine intoxication of a major State witness,
Gloria Cole, during her trial testimony. Randle asserts that Cole fabricated her testimony
about seeing Randle in the maroon SUV at the time of the shooting.
The State counters that Randle’s arguments with respect to the admissibility of the
toxicological screening for cocaine have not been preserved for appeal. In this regard, the
State notes that the claim that a thirdparty drug dealer was responsible for the murder was
not raised at trial. Nor, argues the State, did Randle argue to the circuit court that he was
denied his constitutional right to a fair trial. In order to preserve the issue of the
admissibility of the cocaine in the victim’s system for appeal, the State argues, Randle was
required to proffer the evidence that he sought to have admitted. This he did not do. In the
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absence of a proffer, the State asserts, there is an insufficient record for this court to review,
and the issue is simply not preserved.
We agree with the State. This court has made it crystal clear that in order to preserve
an argument, even one that is constitutional in nature, for appeal, it must be raised at trial.
See, e.g., Davis v. State, 368 Ark. 401, 409, ___ S.W.3d ___, ___ (2007); Raymond v. State,
354 Ark. 157, 162, 118 S.W.3d 567, 571 (2003). As this court has noted, “[i]f a particular
theory was not presented at trial, the theory will not be reached on appeal.” Raymond v.
State, 354 Ark. at 162, 118 S.W.3d at 571 (2003); Rodgers v. State, 360 Ark. 24, 3031, 199
S.W.3d 625, 629 (2004) (“A party cannot change his grounds for an objection or motion on
appeal but is bound by the scope and nature of the arguments made at trial.”). Nowhere does
the record reveal that Randle presented the circuit court with a theory that the cocaine in
Harrison’s system was relevant because Harrison’s death was caused by money he owed a
drug dealer.
Randle’s collateral argument, which is that the evidence of cocaine found in
Harrison’s system was relevant to show drug use on the part of the State’s witness, Gloria
Cole, is also not preserved for review. The circuit court never ruled that the autopsy
evidence could not be introduced for this purpose but said only that the evidence would be
excluded “unless that matter is brought out or subject to impeaching some other witness as
to what they were doing from timetotime and whether or not they’d been involved with
drugs or someone says that he was not a user.” (Emphasis added.) At no time did Randle’s
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defense counsel attempt to impeach any witness with this information. In fact, although
defense counsel indirectly suggested in opening statement that Cole might have been on
drugs at the time of the murder or during her testimony on the witness stand, he only once
attempted to question her on the subject, when he asked her the general question whether she
1
used crack.
When the circuit court sustained the State’s objection to this question, Randle’s
counsel neither argued that the objection should be overruled nor proffered the testimony that
he would have obtained if he had been allowed to pursue the question of Cole’s mental state
and ability to observe the murder. In sum, defense counsel failed to pursue even Cole’s drug
use, let alone the relevance of the cocaine in Harrison’s system for impeaching Cole or any
other witness. In addition, the substance of excluded testimony must be proffered or the
exclusion will not be preserved for appeal. Jones v. State, 321 Ark. 649, 653, 907 S.W.2d
672, 674 (1995) (“It is well established that error may not be predicated upon a ruling which
excludes evidence unless both a substantial right of the party is affected and the substance
of the excluded evidence was made known to the trial court by offer of proof or was apparent
from the context within which the questions were asked.”); see also Ark. R. Evid. 103(a)(2)
(2007). We agree again with the State that the collateral issue is not preserved for our
review.
1
Although appellant in his brief on appeal does not directly challenge the circuit
court’s refusal to allow Randle’s counsel to question Cole regarding her drug use, he does
complain in his brief that Cole’s drug use caused her to fabricate her testimony.
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An examination of the record has been made in accordance with Ark. Sup. Ct. R. 4
3(h) and Ark. R. App. P.Crim. 14, and it has been determined that there were no rulings
adverse to Randle which constituted prejudicial error.
Affirmed.
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