Opinion

State v. Vowell

  • 276 Ark. 258
  • 634 S.W.2d 118
  • 1982 Ark. LEXIS 1387
Court
Supreme Court of Arkansas
Filed
Jun 1, 1982
Status
Published
Author
Hickman
On the bench
Dudley, Hickman, Purtle
Cited by
18 cases
Authority
More cited than 7.7%

prior drunk driving convictions admissible “to prove the warning quality of the other convictions and to infer that the respondent must have arrived at a mental state inconsistent with mistake and consistent with the culpable mental state of causing serious physical injury ‘under circumstances manifesting extreme indifference to the value of human life.’ ”

How later courts described this case

  • prior drunk driving convictions admissible “to prove the warning quality of the other convictions and to infer that the respondent must have arrived at a mental state inconsistent with mistake and consistent with the culpable mental state of causing serious physical injury ‘under circumstances manifesting extreme indifference to the value of human life.’ ”
  • prior driving under the influence convictions and revocation of drivers license properly admitted as evidence of intent under rule 404(b) to “prove warning quality of the other convictions, and to infer ... a mental state inconsistent with mistake and consistent with culpable mental state.”

Written by the judges who cited it.

The opinion

Darrell Hickman, Justice, concurring. I concur with the result. I have not changed the view I expressed in Martin v. State, 261 Ark. 80 , 547 S.W.2d 81 (1977). Therefore, I can find no “intent” or culpable mental state in the charge of first degree battery. I feel the prior convictions were admissible simply to rebut Vowell’s statement that the vehicular collision was an accident. See Ark. Stat. Ann. § 28-1001, Rule 404 (b); Enriquez v. U.S., 188 F.2d 313 (9th Cir. 1951).

Purtle, J., joins in this concurrence.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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