Edison v. State ( 2015 )


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  •                                    Cite as 
    2015 Ark. 332
    SUPREME COURT OF ARKANSAS
    No.   CR-15-189
    DEONTE EDISON                                    Opinion Delivered   September 24, 2015
    APPELLANT
    APPEAL FROM THE PULASKI
    V.                                               COUNTY CIRCUIT COURT,
    [NO. 60-CR-13-1295]
    STATE OF ARKANSAS                                HONORABLE JAMES LEON
    APPELLEE        JOHNSON, JUDGE
    SUPPLEMENTAL RECORD
    ORDERED.
    PER CURIAM
    Appellant Deonte Edison appeals the sentencing order entered by the Pulaski County
    Circuit Court, reflecting his convictions and sentences for capital murder, attempted capital
    murder, and two counts of aggravated robbery. Each count was enhanced for employing a
    firearm, and Edison was sentenced to a total term of life without parole plus ten years.1 On
    appeal, Edison asserts that the circuit court erred in (1) prohibiting him from inquiring into
    the victim’s potential civil lawsuit against him; (2) prohibiting him from cross-examining the
    victim concerning her medical records; and (3) allowing the State to introduce statements
    1
    Edison was sentenced to life imprisonment without parole for capital murder and
    twenty-five years’ imprisonment on each of the remaining convictions, to be served
    concurrently. Edison’s firearm enhancements, however, were to be served consecutively to
    his life sentence but concurrent to each other.
    Cite as 
    2015 Ark. 332
    made against him by the victim under the dying-declaration exception to the hearsay rule.
    Because the record in this case is incomplete, we order that the record be supplemented.
    Arkansas Supreme Court Rule 4-3(i) provides that in cases where the appellant
    received a sentence of life imprisonment, we must review “all errors prejudicial to the
    appellant in accordance with Ark. Code Ann. § 16-91-113(a).” Ark. Sup. Ct. R. 4-3(i)
    (2015). This requires us to examine all rulings adverse to Edison made by the circuit court
    on all objections, motions, and requests made by either party, including those parts of the
    record needed for an understanding of each adverse ruling. See 
    id. Edison’s notice
    of appeal
    specifically designated the “entire trial record, including voir dire and opening and closing
    arguments, as well as any and all audio and visual recordings, as his record of appeal in this
    case.” The record on appeal, however, does not include the exhibits that were admitted
    during a pretrial hearing on Edison’s motion to suppress his statements, which was denied by
    the circuit court.
    We cannot conduct a meaningful review of the adverse ruling against him, as Rule 4-
    3(i) requires, without a complete record of the proceedings. See, e.g., Huff v. State, 
    2012 Ark. 182
    (per curiam); Newton v. State, 
    366 Ark. 294
    , 
    234 S.W.3d 882
    (2006) (per curiam); Romes
    v. State, 
    355 Ark. 497
    , 
    139 S.W.3d 519
    (2003) (per curiam). Accordingly, we order the
    circuit clerk and the court reporter to correct the omissions in the record and certify to this
    court a true and complete supplemental record within fourteen days of this opinion.
    Supplemental record ordered.
    2
    

Document Info

Docket Number: CR-15-189

Judges: Per Curiam

Filed Date: 9/24/2015

Precedential Status: Precedential

Modified Date: 9/24/2015