{
  "id": 1750207,
  "name": "Willie Lee PENELTON v. STATE of Arkansas",
  "name_abbreviation": "Penelton v. State",
  "decision_date": "1982-10-25",
  "docket_number": "CR 81-119",
  "first_page": "225",
  "last_page": "228",
  "citations": [
    {
      "type": "official",
      "cite": "277 Ark. 225"
    },
    {
      "type": "parallel",
      "cite": "640 S.W.2d 795"
    }
  ],
  "court": {
    "name_abbreviation": "Ark.",
    "id": 8808,
    "name": "Arkansas Supreme Court"
  },
  "jurisdiction": {
    "id": 34,
    "name_long": "Arkansas",
    "name": "Ark."
  },
  "cites_to": [
    {
      "cite": "272 Ark. 19",
      "category": "reporters:state",
      "reporter": "Ark.",
      "case_ids": [
        1174905
      ],
      "weight": 2,
      "year": 1981,
      "opinion_index": 0,
      "case_paths": [
        "/ark/272/0019-01"
      ]
    },
    {
      "cite": "276 Ark. 245",
      "category": "reporters:state",
      "reporter": "Ark.",
      "case_ids": [
        1751549
      ],
      "weight": 2,
      "year": 1982,
      "opinion_index": 0,
      "case_paths": [
        "/ark/276/0245-01"
      ]
    },
    {
      "cite": "634 S.W.2d 155",
      "category": "reporters:state_regional",
      "reporter": "S.W.2d",
      "year": 1976,
      "opinion_index": 0
    },
    {
      "cite": "259 Ark. 815",
      "category": "reporters:state",
      "reporter": "Ark.",
      "case_ids": [
        1619078
      ],
      "year": 1976,
      "opinion_index": 0,
      "case_paths": [
        "/ark/259/0815-01"
      ]
    }
  ],
  "analysis": {
    "cardinality": 422,
    "char_count": 5192,
    "ocr_confidence": 0.849,
    "pagerank": {
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      "percentile": 0.4093445216304117
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    "sha256": "07eb52e0dc99adc7801d5e461e16bf2107ebc5aa8c955b4ef7d4816e67f769cc",
    "simhash": "1:3b9e871675359f50",
    "word_count": 841
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  "last_updated": "2023-07-14T15:44:10.927944+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Willie Lee PENELTON v. STATE of Arkansas"
    ],
    "opinions": [
      {
        "text": "Richard B. Adkisson, Chief Justice.\nAppellant, Willie Lee Penelton, was convicted of capital murder and sentenced to death by electrocution. On appeal, we reverse the conviction and remand for a new trial.\nAppellant and his girlfriend were walking along Highway 70 near Hicks Station, St. Francis County, shortly after noon on March 17, 1981. The murder victim, who was driving a dump truck, picked them up. They stopped shortly thereafter at a grocery store, where appellant purchased a six-pack of Schlitz beer with a five dollar bill which the victim gave him. The three of them continued down the highway toward West Memphis until the girlfriend stated that she needed to go to the bathroom. The victim pulled onto the shoulder of the road and the girlfriend walked into the woods.\nThe victim got out of the truck and asked appellant \u201chow she was.\u201d Appellant replied that \u201cshe was all right\u201d and the victim then went into the woods. After a short period of time, appellant followed them, taking with him a tire tool. When he saw them, both were partially undressed and it appeared to appellant that the victim was attempting to have sex with the girlfriend. The victim tried to get up but appellant struck him several times with the tire tool. He then took approximately $40 from the victim and he and the girlfriend walked to a grocery store. Appellant paid one of the girlfriend\u2019s relatives to take them to appellant\u2019s apartment in West Memphis.\nThe victim\u2019s body was discovered between 1:00 p.m. and 3:00 p.m. by a local resident who immediately called the sheriff\u2019s department. Several deputies investigated the crime scene and found various items lying near the body, including the tire tool, a can of Schlitz beer, plugs of tobacco, and a snuff can.\nAppellant first argues that the trial court erred in refusing to quash the jury panel because the jury panel was not made up of a cross section of the community. Testimony from the jury commissioners who chose the panel revealed that they had been instructed to exclude persons who could request to be excused under Ark. Stat. Ann. \u00a7 39-108 (Supp. 1981). This statute provides:\nOccupations excused \u2014 Necessity of objection. \u2014 The following persons will not be required to serve as grand or petit jurors if they object to serving and make their objections known to the court prior to being sworn:\n(a) Practicing physicians, osteopaths, chiropractors, nurses, dentists, dental hygienists, and optometrists and pharmacists.\n(b) Persons whose principal activity is that of a clergyman.\n(c) Practicing attorneys and officers of a court.\n(d) Persons 65 years of age and older.\n(e) Persons actively employed as undertakers or embalmers.\n(f) Active members of any fire department or fire company.\n(g) Persons serving on active duty in the military service of the United States or the National Guard.\n(h) Active members of any law enforcement agency.\n(i) Members of the General Assembly, elected county officers and elected township officers. [Cites omitted]\nGenerally, the commissioners testified that they did, in fact, exclude persons in the classifications enumerated above. One commissioner took notes on the trial court\u2019s instructions and her notes, which were introduced into evidence, state: \u201cExclude people in essential fields . . . Doctors, ministers, all the health fields, firemen and attorneys \u2014 legal pro \u2014 and relatives \u2014 officers of the court.\u201d\nArk. Stat. Ann. \u00a7 39-108 does not provide for the automatic exclusion of persons within the classifications mentioned, but rather, provides for exclusion if the individual objects to serving and makes the court aware of such objection before the jury is sworn. Therefore, it was error for the trial court to instruct the commissioners to automatically exclude a large class of eligible jurors. Hall v. State, 259 Ark. 815, 634 S.W.2d 155 (1976).\nAppellant also argues that his confession should have been suppressed because it was involuntary. We disagree. Here, the voluntariness of the confession turns almost entirely upon matters of credibility. No physical mistreatment is alleged, and appellant\u2019s signature appears on the rights form as well as the confession, but there were conflicts in the testimony about when and to what extent appellant was informed of his rights and whether or not he was threatened by police officers. However, having given due weight to the trial judge\u2019s advantageous position in the resolution of such conflicts, we cannot say that his finding of voluntariness was clearly against the preponderance of the evidence. Hall v. State, 276 Ark. 245, 634 S.W.2d 115 (1982); Harvey v. State, 272 Ark. 19, 611 S.W.2d 762 (1981).\nThere is clearly sufficient evidence to support a finding of guilt in this case, based upon the testimony of various witnesses and the confession. However, the case is remanded for a new trial because of the prejudicial procedure used in selecting the jury.\nReversed and remanded.",
        "type": "majority",
        "author": "Richard B. Adkisson, Chief Justice."
      }
    ],
    "attorneys": [
      "Donald E. Hamilton, for appellant.",
      "Steve Clark, Atty. Gen., by: Matthew Wood Fleming, Asst. Atty. Gen., for appellee."
    ],
    "corrections": "",
    "head_matter": "Willie Lee PENELTON v. STATE of Arkansas\nCR 81-119\n640 S.W.2d 795\nSupreme Court of Arkansas\nOpinion delivered October 25, 1982\nDonald E. Hamilton, for appellant.\nSteve Clark, Atty. Gen., by: Matthew Wood Fleming, Asst. Atty. Gen., for appellee."
  },
  "file_name": "0225-01",
  "first_page_order": 245,
  "last_page_order": 248
}