{
  "id": 6137307,
  "name": "Roy Lee RUSSELL v. STATE of Arkansas",
  "name_abbreviation": "Russell v. State",
  "decision_date": "1986-05-28",
  "docket_number": "CA CR 86-10",
  "first_page": "45",
  "last_page": "47",
  "citations": [
    {
      "type": "official",
      "cite": "18 Ark. App. 45"
    },
    {
      "type": "parallel",
      "cite": "709 S.W.2d 825"
    }
  ],
  "court": {
    "name_abbreviation": "Ark. Ct. App.",
    "id": 13370,
    "name": "Arkansas Court of Appeals"
  },
  "jurisdiction": {
    "id": 34,
    "name_long": "Arkansas",
    "name": "Ark."
  },
  "cites_to": [
    {
      "cite": "286 Ark. 52",
      "category": "reporters:state",
      "reporter": "Ark.",
      "case_ids": [
        8717442
      ],
      "weight": 2,
      "year": 1985,
      "opinion_index": 0,
      "case_paths": [
        "/ark/286/0052-01"
      ]
    }
  ],
  "analysis": {
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    "char_count": 3248,
    "ocr_confidence": 0.874,
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    "sha256": "aab8f2a80bf1c0683cf6d92a166ff364c14596a6f50649dcc6e43aa426dca839",
    "simhash": "1:11ea18b64bf83b7b",
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  "last_updated": "2023-07-14T19:17:44.845649+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "Glaze, J., and Wright, Special Judge, agree."
    ],
    "parties": [
      "Roy Lee RUSSELL v. STATE of Arkansas"
    ],
    "opinions": [
      {
        "text": "Donald L. Corbin, Judge.\nThis case comes from the Circuit Court of Desha County. Appellant was convicted of selling marijuana and was sentenced to four years in the Arkansas Department of Corrections. We affirm.\nAppellant raises one point for reversal. Appellant argues that the trial court erred in allowing police officers to relate what he alleges is a hearsay conversation between appellant and a confidential informant who was not made available for trial. Appellant asserts that this conversation was inadmissible as hearsay.\nThe conversation in question was related by Officer Johnson as follows: \u201cThe confidential informant went into the residence and stated to Mr. Roy Lee Russell that he wanted to purchase some weed from him. Mr. Russell stated well he\u2019s got some he\u2019ll be right back in a minute . . .\u201d\nUnif. R. Evid. 801(c), Ark. Stat. Ann. \u00a7 28-1001 (Repl. 1979), defines \u201chearsay\u201d as \u201ca statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted.\u201d The statement made by appellant, which was overheard by the policemen through the body mike, was an admission of a party-opponent under Unif. R. Evid. 801(d)(2). Therefore, this statement was admissible.\nThe statements made by appellant did not make sense unless they are put into context with the statements made by the informant. The informant\u2019s statement that he wanted to buy some weed is not offered for the truth of the matter asserted, i.e., that the informant actually wanted to buy marijuana, but is offered to explain and put into context appellant\u2019s statement that he had some and would go and get it. Therefore, the informant\u2019s statements are not hearsay under the definition of Rule 801(c). Where evidence shows its effect on the listener and is not offered to prove the truth of the matter stated, such evidence is not hearsay and is admissible. Hall v. State, 286 Ark. 52, 689 S. W.2d 524 (1985).\nAppellant argues in his brief that he had no duty to call the confidential informant as a witness and in fact had no beneficial use of the confidential informant as a witness. But, appellant asserts, the state is not thereby allowed to use \u201chearsay testimony of the unavailable confidential informant to bolster its case.\u201d However, the fact that the confidential informant did not testify at trial does not have any effect on the characterization of these statements nor on our analysis of appellant\u2019s argument that the testimony was inadmissible as hearsay. If the informant had testified to the conversation, the statements made by appellant would still be admissible as an admission by a party-opponent. The statements made by the informant would still be admissible because they are not offered to prove the truth of the matter asserted.\nFor the reasons stated above we find no merit in appellant\u2019s argument for reversal. Therefore, we affirm the lower court\u2019s ruling.\nAffirmed.\nGlaze, J., and Wright, Special Judge, agree.",
        "type": "majority",
        "author": "Donald L. Corbin, Judge."
      }
    ],
    "attorneys": [
      "John L. Kearney, for appellant.",
      "Steve Clark, Att\u2019y Gen., by: Robert A. Ginnaven, III, Asst. Att\u2019y Gen., for appellee."
    ],
    "corrections": "",
    "head_matter": "Roy Lee RUSSELL v. STATE of Arkansas\nCA CR 86-10\n709 S.W.2d 825\nCourt of Appeals of Arkansas Division I\nOpinion delivered May 28, 1986\nJohn L. Kearney, for appellant.\nSteve Clark, Att\u2019y Gen., by: Robert A. Ginnaven, III, Asst. Att\u2019y Gen., for appellee."
  },
  "file_name": "0045-01",
  "first_page_order": 65,
  "last_page_order": 67
}