SUPREME COURT OF ARKANSAS
No. CR05-609
MICHAEL RAYMOND MACKOOL,
APPELLANT,
VS.
STATE OF ARKANSAS,
APPELLEE,
Opinion Delivered March 9, 2006
APPEAL FROM THE PULASKI
COUNTY CIRCUIT COURT, FIFTH
DIVISION, NO. CR03-4140,
HON. WILLARD PROCTOR, JR.,
JUDGE,
AFFIRMED.
1.
TRIAL AND VERDICT – ACCOMPLICE TESTIMONY – OTHER TESTIMONY
INDEPENDENTLY ESTABLISHED THE CRIME.– Applying the test for corroboration of
accomplice testimony, the supreme court held that, clearly, the remaining evidence
established the commission of the murder and theft-of-property charge, where Mickey
Holloway testified that he discovered Ms. Ballard’s body on the morning of September
13, 2003, and that her Cadillac was missing from the garage, and the medical examiner
who performed the autopsy testified that it was his opinion that Ms. Ballard’s death
was caused by multiple stab wounds and that the manner of her death was certainly
homicide, and appellant stated that when he picked up Leslie in the Fourche Dam
area, she was in her mother’s Cadillac.
2.
TRIAL AND VERDICT – ACCOMPLICE TESTIMONY – OTHER EVIDENCE TENDED TO
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CR05-609
CONNECT APPELLANT TO THE CRIME.– The supreme court concluded that the
evidence tended to connect appellant to the crimes where the contents of appellant’s
statements to the police revealed inconsistencies concerning the nature of his
involvement in the murder of and theft from Ms. Ballard, appellant made false
statements to the police regarding property stolen from Ms. Ballard and knowledge of
Mr. Ballard’s will, appellant cut his wrists in the police interview room, and the State
presented testimony from three of Ms. Ballard’s friends concerning her fear of
appellant.
3.
TRIAL AND VERDICT – TESTIMONY WAS PERMITTED DESPITE APPELLANT’S
INCONSISTENT-THEORY ARGUMENT.– The circuit court did not abuse its discretion
in its determination that the State did not present inconsistent theories in the separate
trials of Leslie and appellant, and it denied the exclusion of Leslie’s testimony in
appellant’s trial.
4.
CONSTITUTIONAL LAW –