# Barrett v. State > Supreme Court of Arkansas · September 25, 2003 · 354 Ark. 187 URL: https://www.frixlaw.com/law-library/cases/9730159 ## Case - **Full name:** Roger Dale BARRETT v. STATE of Arkansas - **Court:** Supreme Court of Arkansas - **Decided:** September 25, 2003 - **Citations:** 354 Ark. 187; 119 S.W.3d 485; 2003 Ark. LEXIS 487 - **Precedential status:** Published - **Opinion:** Dissent by Arnold - **Judges:** Annabelle Clinton Imber - **Cited by:** 53 later opinions in the Frix Law Library ## Citator (automated) - No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases. - Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9730159 ## How later opinions describe it (automated extraction) - holding that the test of admissibility of evidence over an objection for irrelevancy is whether the fact offered into proof affords a basis for rational inference of the fact to be proved and that it is sufficient if the fact may become relevant in connection with other facts,… ## Opinion text W.H. “Dub” Arnold, Chiefjustice, dissenting. I respectfully disagree that the .22 caliber pistol, the .22 caliber rifle, or the .22 caliber ammunition admitted at trial was relevant evidence. For that reason, I would not affirm this case but, instead, would reverse and remand for a new trial. The majority opinion acknowledges that, prior to trial, the State entered into a stipulation whereby it agreed that no reference to a certain .22 caliber revolver would be made at trial. While it is true the State made no reference to that particular .22 caliber revolver, the State did introduce other irrelevant firearm evidence, namely the .22 caliber pistol, the .22 caliber rifle, and the .22 caliber ammunition. We know from the testimony of Ronald Andrejack, a firearms and tool mark examiner with the Arkansas Crime Laboratory, that he received a bullet recovered from the body of the victim and was asked to compare that bullet with the bullet fired from a certain .22 caliber pistol and a certain .22 rifle that was recovered from appellant’s home. Andrejack testified at trial, “As a result of microscopic examination, I was able to eliminate the rifle and the pistol as having fired the bullet I received from the medical examiner. Neither of theses weapons fired the bullet.” (Emphasis added.) Even though the State knew before the trial began that neither the .22 pistol nor the .22 rifle could be linked to the murder, the State offered both into evidence plus certain .22 caliber ammunition that could not be linked to the murder. Appellant’s objection to the irrelevant evidence was overruled by the trial court. The State could have purchased any .22 pistol, any .22 rifle, and boxes of .22 caliber ammunition from Wal-Mart or any other store that sells guns and ammunition and introduced those weapons as they moved to introduce, in this case, and it would have had as much relevance as the .22 rifle and .22 caliber ammunition introduced in this trial. It is interesting to note that the majority recognizes that the .22 rifle introduced at trial had no link in the chain of evidence necessary to support the State’s cover-up theory. The majority opinion recognizes that the trial court erred in admitting the .22 rifle and the ammunition. . Black’s Law Dictionary defines error as, “A mistaken judgment or incorrect belief as to the existence or effect of matters of fact, or a false or mistaken conception or application of the law. Such a mistaken or false conception or application of the law to the facts of a cause as will furnish ground for a review of the proceedings upon a writ of error.” Black’s Law Dictionary 377 (6th ed. 1991). In this case, there was no mistake or incorrect belief as to the facts or law. The trial court and the State knew that the .22 rifle, .22 pistol, and the .22 caliber ammunition could not in any way be linked to the bullet recovered from the victim. Therefore, this was no error but an intentional act by the State to introduce evidence that had no probative value and was further so prejudicial to appellant that the jury could not remove the importance from their minds. The trial court’s action in allowing the .22 rifle and the .22 caliber ammunition into evidence over appellant’s objection was. an abuse of discretion and the case must be reversed and remanded for a new trial. Thornton, J., joins in this dissent. --- Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9730159. Public record. Not legal advice.