{
  "id": 1709285,
  "name": "Robert Lee WHITE v. STATE of Arkansas",
  "name_abbreviation": "White v. State",
  "decision_date": "1980-09-29",
  "docket_number": "CR 80-12",
  "first_page": "482",
  "last_page": "485",
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      "cite": "270 Ark. 482"
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    {
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      "cite": "605 S.W.2d 11"
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  "court": {
    "name_abbreviation": "Ark.",
    "id": 8808,
    "name": "Arkansas Supreme Court"
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      "cite": "236 Ark. 364",
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      "reporter": "Ark.",
      "year": 1963,
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    {
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      "category": "reporters:state",
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    {
      "cite": "257 Ark. 388",
      "category": "reporters:state",
      "reporter": "Ark.",
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        8720231
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      "weight": 2,
      "year": 1974,
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        "/ark/257/0388-01"
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  "last_updated": "2023-07-14T16:40:39.197564+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [],
    "parties": [
      "Robert Lee WHITE v. STATE of Arkansas"
    ],
    "opinions": [
      {
        "text": "Darrell Hickman, Justice.\nRobert Lee White was convicted in Pulaski Circuit Court of burglary, three counts of rape and three counts of robbery. He was sentenced to three life terms for the rapes; 10 years imprisonment each for the robberies and 20 years for the burglary, all to run consecutively. On appeal he raises two procedural issues. He argues that his confession was erroneously admitted as evidence and that a victim-witness was improperly allowed to tell the jury she had identified White at a pretrial lineup.\nWe find no merit to either argument and, finding no other errors that would require us to reverse White\u2019s conviction, affirm the judgment.\nThe evidence regarding White\u2019s confession consisted essentially of the testimony of two police officers and White. White was taken to the station at about 1:15 p.m. on July 26, 1977. Both officers testified that there were no promises, threats, or coercion involved in obtaining White\u2019s statement. According to the officers, White was advised of his rights at 1:15 p.m. and again at 6:50 p.m. on that same day.\nWhite denied that he made any statement at all or that he was advised of his rights at 1:15 p.m. or at 6:50 p.m. His testimony was that he was never advised of his rights until after the alleged statement was taken.\nWhite\u2019s argument on appeal is that because he was held for about five hours subject to interrogation, his statement was not reliable and should not have been admitted. He also points out that the officers contradicted each other concerning the availability of a tape recorder. The trial court determines whether a statement is voluntary and we review that decision by examining the totality of the circumstances and then deciding if the trial court\u2019s decision was against the preponderance of the evidence. Degler v. State, 257 Ark. 388, 517 S.W. 2d 515 (1974). Certainly, on the evidence presented in this record, we cannot say the trial court was wrong.\nOnly one of the three victims could identify White. The alleged crime took place at a residence where the three victims lived. At a lineup, the legality of which is not in issue, one of the victims identified White as her assailant. During her testimony, more than two years later and in response to a question by White\u2019s attorney, she replied that she had identified White previously- at a lineup.\n\u25a0 The argument to us is that such a statement is inadmissible, prejudicial, and grounds for a mistrial. The case of Trimble & Williams v. State, 227 Ark. 867, 302 S.W. 2d 83 (1957) is cited as authority for that proposition. It is not controlling. In Trimble two police officers were permitted to testify in the State\u2019s case in chief that they saw a prosecuting witness identify the accused in a lineup.\nThat is not what happened in this case. The victim gave this answer after she had been cross-examined extensively about- her identification of White and the description of him that she had given to the police. She contended that she gave the police officers a general description of the height, weight, and face of her assailant. Apparently, there was nothing on the police report to show this. Since she conceded that she had only gotten a glimpse of her assailant\u2019s face, that statement was the subject of cross-examination. Finally, White\u2019s attorney asked her, \u201cQ. Yet you never .at any time gave any description as to lips, nose, eyes, hairs, marks or anything about the man\u2019s face or any physical characteristics?\u201d Her answer was, \u201cI identified him positively in the lineup.\u201d\nThe trial court held that the subject had been opened up by the cross-examination and we agree with that decision. Her credibility had been questioned and it was not prejudicial error for her to make the statement concerning prior identification. Bishop v. State, 236 Ark. 364 S.W. 2d 676 (1963).\nAffirmed.",
        "type": "majority",
        "author": "Darrell Hickman, Justice."
      }
    ],
    "attorneys": [
      "John W. Achor, Public Defender, by: James H. Phillips, Deputy Public Defender, for appellant.",
      "Steve Clark, Atty. Gen., by: Joseph H. Purvis, Deputy Atty. Gen., and James P. Dowden, Asst. Atty. Gen., for appellee."
    ],
    "corrections": "",
    "head_matter": "Robert Lee WHITE v. STATE of Arkansas\nCR 80-12\n605 S.W. 2d 11\nSupreme Court of Arkansas\nOpinion delivered September 29, 1980\nJohn W. Achor, Public Defender, by: James H. Phillips, Deputy Public Defender, for appellant.\nSteve Clark, Atty. Gen., by: Joseph H. Purvis, Deputy Atty. Gen., and James P. Dowden, Asst. Atty. Gen., for appellee."
  },
  "file_name": "0482-01",
  "first_page_order": 510,
  "last_page_order": 513
}