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Mack v. State
Citations: 265 Ark. 257; 577 S.W.2d 595; 1979 Ark. LEXIS 1334Docket: CR 78-206
Court: Supreme Court of Arkansas; March 5, 1979; Arkansas; State Supreme Court
The appeal in this criminal case revolves around whether the trial judge erred in allowing the jury to rehear testimony from witness Huey Walker after deliberations had begun. Clyde Lee Mack was convicted of theft and aggravated robbery at Walker’s Cleaners, primarily based on the testimony of two witnesses: Huey Walker, who identified Mack, and Doris Walker, who did not. During deliberations, the jury requested to hear Huey's testimony again, a request made in open court with defense counsel present, who objected. The trial judge acknowledged the potential for prejudice but emphasized adherence to the Arkansas Supreme Court's precedent from Gardner v. State, which establishes that juries should generally be permitted to rehear specific evidence unless there is a compelling reason not to do so. The court noted that the jury's request was legitimate, as it sought crucial evidence for determining Mack's guilt or innocence and did not aim to highlight any minor details that could prejudice the defendant. After reviewing relevant case law and confirming that the trial judge had a clear standard to follow from Gardner, the court concluded that since no compelling reason to deny the jury's request was present, the judge acted within his discretion. Therefore, the court affirmed the judgment against Mack. The decision was agreed upon by the Chief Justice and other Justices.