Legal Opinion · Dissent

Heard v. State

Supreme Court of Arkansas

Decided November 5, 2009No. CR 09-647Published

1DissentJim Hannah, Chief Justice

I respectfully dissent. According to the majority, “the crucial question in this case is whether the State provided sufficient evidence j 12to show that the money Heard demanded from Townsend was the property of another person — an element of theft under § 5-36-103(a)(l).” I disagree. The crucial issue in this case is whether the State sustained its burden of proof that Heard acted with the purpose of committing a theft, an element of robbery under § 5-12-102(a) (Repl.2006). Heard set out his argument for directed verdict on two possible bases. First, he asserted that there “has to be a…

2Cases cited8 opinions

  1. Edwards v. StateWisconsin Supreme Court · 1970
  2. Dowell v. StateSupreme Court of Arkansas · 1984
  3. Heikkila v. StateSupreme Court of Arkansas · 2003
  4. Griffen v. Arkansas Judicial Discipline & Disability CommissionSupreme Court of Arkansas · 2003
  5. Ellis v. StateCourt of Appeals of Arkansas · 1979

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