GUILTY AR - Beverly Carter, 49, Little Rock, 25 Sep 2014 - #13

[arkansasmimi]

Arguments on Appeal

VIII
CONCLUSION
The trial Court erred by admitting: 1) Lewis’s cell phone that was seized
from him following his car accident; 2) the recording purported to be of Beverly
Carter’s voice on Lewis’s phone that Lewis played for law enforcement during his
suppressed statement; 3) evidence produced through an abuse of the prosecutorial
subpoena power; 4) Lewis’s custodial statements despite law enforcement’s
inducement by false promises of moving his case to federal court; and 5) items
recovered in Lewis’s car pursuant to an inventory search.
Accordingly, Lewis prays that his convictions be reversed and dismissed,
and for all other relief to which he is entitled.
Respectfully submitted,
James Law Firm

 

[arkansasmimi]

JMHO they are both where they deserve to be. CL will be there for 20 years iirc before she will be able to request to apply for Parole. AL Life..

Jmho I think CL had a bigger role in the abduction and murder of BC. I just pray that the issues in the Appeal do not come back to haunt like the illegal search warrants. And the guns charges, they were part of the illegal house search so I dont think they would have stuck on that slim chance AL got off.

I eager to see the States Brief. Def going from the beginning #3. JMHO

 

[arkansasmimi]

There are all the Exhibits also transcript of the illegal audio recording that was suppressed.

 

[arkansasmimi]

This has testimony from all the hearing and trial. Interesting for those wanting to see exactly what was said on witness stand.

The Arguments are interesting to me. *again I like the legal aspect of it.

I am interesting in seeing the State response to this. Again I didn't realize that the PROS is who filed for the ATT and Google Search Warrants for BC phone. I had thought the PCSO did as they did the other SW.

After going back I don't think this is ALL the testimony maybe just the relevant to the Appeal. But could be, being that it is only the witness testimony, not the comments/words from the Pros/Def Lawyers. But there is the transcripts from the suppressed taped interviews that we heard at the hearing that lasted until around 8pm at one hearing.

 

[arkansasmimi]

https://caseinfo.aoc.arkansas.gov/c...kto=P&case_id=CR-16-413&begin_date=&end_date=
Filing Date Description Name Monetary
05/11/2016
04:01 PM RECORD LODGED
Entry: 8 volumes, 2581 pages.
Images No Images

05/11/2016
04:01 PM BRIEFING COMMENCED LEWIS, AARON MICHAEL
Entry: Appellant's brief due 6-20-16. Notice sent to Bill James and AG.
Images OTHER

05/11/2016
04:01 PM LOWER COURT INFORMATION
Entry: none.
Images No Images

06/01/2016
02:01 PM MOTION EXTENSION OF TIME JAMES JR , WILLIAM OWEN
Entry: Appellant's motion for extension of brief time.
Images MOTION

06/01/2016
02:44 PM GRANTED - FINAL EXTENSION
Entry: Appellant's brief due August 19, 2016. Final extension.
Images LETTER

08/19/2016
12:36 PM APPELLANT'S BRIEF LEWIS, AARON MICHAEL
Entry: Typed
Images Appellant's Brief Part 1
Appellant's Brief Part 2

08/22/2016
11:13 AM RECORD CHECKED OUT STATE OF ARKANSAS,
Entry: 8 volume record checked out
Images No Images

08/24/2016
10:07 AM ENTRY OF APPEARANCE JACKSON, ADAM DONNER
Entry: Entry of appearance of Adam Jackson, Assistant Attorney General.
Images OTHER

08/24/2016
01:01 PM ENTRY OF APPEARANCE HALL HENRY, KATHRYN ELIZABETH
Entry: Entry of Kathryn Henry on behalf of appellee.
Images OTHER

08/24/2016
02:54 PM MOTION EXTENSION OF TIME HALL HENRY, KATHRYN ELIZABETH
Entry: Appellee's motion for extension of brief time

 

[arkansasmimi]

https://contexte.aoc.arkansas.gov/i...resent2?DMS_ID=86UY5KKMQ9GICGXZ9123TCQUJ14XUS

IN THE SUPREME COURT OF ARKANSAS
AARON MICHAEL LEWIS APPELLANT
VS. CASE NO. CR-16-413
MOTION FOR EXTENSION OF BRIEF TIME
Comes now the appellee, by and through counsel, Leslie Rutledge, Attorney
General, and Kathryn Henry, Assistant Attorney General, and for its motion, states:
I.
The brief of the appellee is presently due to be filed with this Court on
September 23, 2016. Appellee requests an extension of thirty (30) days in which
to file its brief. Appellee has had no previous extension of time for filing its brief
in this case.
II.
Due to the number of State's briefs and habeas cases currently assigned to the
undersigned counsel, there is insufficient time in which to respond to the issues
presented in this appeal. The additional time is needed in order to assure that
adequate consideration will be given to appellee's argument in this case. Opposing
counsel has been contacted and does not object to the proposed continuance.
STATE OF ARKANSAS APPELLEE
ELECTRONICALLY FILED
Arkansas Supreme Court
Stacey Pectol, Clerk of the Courts
2016-Aug-24 14:54:50
CR-16-413
2 Pages
WHEREFORE, the appellee respectfully prays that its brief time be
extended thirty (30) days, making the appellee's brief due to be filed on October
23, 2016. This motion is made in good faith and not for purposes of delay.
Respectfully submitted,
LESLIE RUTLEDGE
Attorney General
BY: /s/Kathryn Henry
KATHRYN HENRY
Arkansas Bar No. 2005199
Assistant Attorney General

 

[arkansasmimi]

08/29/2016
09:15 AM BRIEF EXTENSION
Entry: Appellee's brief due October 23, 2016.
Images Brief Extension

08/29/2016
04:17 PM APPELLANT'S BRIEF LEWIS, AARON MICHAEL
Entry: Printed
Images No Images


Milestone Tracks

MILESTONE DESCRIPTION DUE DATE CHANGED DUE DATE FILING DATE
BRIEFING COMMENCED 05/11/2016 05/11/2016
APPELLANT'S BRIEF 06/20/2016 08/19/2016 08/19/2016
APPELLEE'S BRIEF 09/18/2016 10/23/2016
REPLY BRIEF
https://caseinfo.aoc.arkansas.gov/c...kto=P&case_id=CR-16-413&begin_date=&end_date=

 

[arkansasmimi]

08/29/2016
09:15 AM BRIEF EXTENSION
Entry: Appellee's brief due October 23, 2016.
Images Brief Extension

08/29/2016
04:17 PM APPELLANT'S BRIEF LEWIS, AARON MICHAEL
Entry: Printed
Images No Images

10/12/2016
03:37 PM MOTION EXTENSION OF TIME HALL HENRY, KATHRYN ELIZABETH
Entry: Appellee's unopposed motion for extension of brief time.
Images MOTION

10/12/2016
04:00 PM BRIEF EXTENSION
Entry: Appellee's brief due November 22, 2016.
Images Brief Extension

11/10/2016
10:32 AM STIP OF PARTIES TO SUPP REC HALL HENRY, KATHRYN ELIZABETH
Entry: Stipulation of parties to supplement record.
Images OTHER

11/10/2016
04:51 PM SUPPLEMENT TO THE RECORD FILED HALL HENRY, KATHRYN ELIZABETH
Entry: Supplement to the record 1 page placed in front of volume 1 of record along with stipulation.
Images No Images

11/11/2016
11:06 AM ENTRY OF APPEARANCE KAISER, MICHAEL KIEL
Entry: Entry of Michael Kiel Kaiser and William O. "Bill" James, Jr. on behalf of appellant.
Images OTHER

11/22/2016
12:13 PM BRIEF TENDERED
Entry: Appellee's brief tendered pending motion.
Images No Images

11/22/2016
12:13 PM MOTION TO FILE ENLARGED BRIEF HALL HENRY, KATHRYN ELIZABETH
Entry: Appellee/Cross-Appellant's motion to file an enlarged brief.
Images MOTION

11/23/2016
08:17 AM RECORD CHECKED IN STATE OF ARKANSAS,
Entry: 8 volume record returned.
Images No Images

12/08/2016
09:00 AM MOTION SUBMITTED HALL HENRY, KATHRYN ELIZABETH
Entry: Appellee's motion to file an enlarged brief.
Images No Images

12/15/2016
09:01 AM MOTION GRANTED HALL HENRY, KATHRYN ELIZABETH
Entry: Appellee's motion to file an enlarged brief is granted.
Images No Images

12/15/2016
09:01 AM LETTER ORDERS - SC HALL HENRY, KATHRYN ELIZABETH
Entry: Appellee's motion to file an enlarged brief is granted. Tendered appellee/cross-appellant's brief filed this date.
Images Letter Order

12/15/2016
02:18 PM APPELLEE'S BRIEF STATE OF ARKANSAS,
Entry: Appellee's Brief Cross Appellant's Brief
Images Appellee's Brief Cross Aplt's

12/15/2016
02:27 PM MOTION EXTENSION OF TIME KAISER, MICHAEL KIEL
Entry: Appellant's motion for extension of brief time.
Images MOTION
https://caseinfo.aoc.arkansas.gov/c...kto=P&case_id=CR-16-413&begin_date=&end_date=

 

[arkansasmimi]

CR-16-413
IN THE ARKANSAS SUPREME COURT
AARON MICHAEL LEWIS APPELLANT/CROSS-APPELLEE
v. NO. CR 16-413
STATE OF ARKANSAS APPELLEE/CROSS-APPELLANT
AN APPEAL FROM THE
PULASKI COUNTY CIRCUIT COURT
THE HONORABLE HERBERT THOMAS WRIGHT
CIRCUIT JUDGE
BRIEF OF APPELLEE/CROSS-APPELLANT
Respectfully submitted,
LESLIE RUTLEDGE
Attorney General
99 page doc https://contexte.aoc.arkansas.gov/i...resent2?DMS_ID=SG36N9CZE9Q5G74MGQSLTSEQ74F1DC

 

[arkansasmimi]

IN THE ARKANSAS SUPREME COURT
AARON MICHAEL LEWIS APPELLANT
v. CR 16-413
STATE OF ARKANSAS APPELLEE
MOTION FOR EXTENSION OF BRIEF TIME
COMES NOW Appellant, by and through counsel, William O. “Bill” James,
Jr., for his motion for extension of brief time, states:
1. The Reply brief of Appellant is presently due to be filed with this Court
on December 30, 2016.
2. Appellant requests an extension of thirty (30) days brief time.
3. Appellant has had no previous extension for filing his brief.
4. Counsel needs additional time because Appellee’s Brief is forty-three
(43) pages and includes a Cross-Appeal. Appellant needs additional time
in order to adequately address Appellee’s points as well as the new
arguments raised in its cross-appeal.
5. This motion is being filed in good faith and not for purposes of delay.
Deputy Attorney General Adam Jackson has stated he has no objection
to this motion.
WHEREFORE, Appellant respectfully prays that this motion for extension
of brief time be granted.

Respectfully submitted,
/s/ Michael Kiel Kaiser
WILLIAM O. “BILL” JAMES, JR. (94108)
MICHAEL KIEL KAISER (2015001)
JAMES LAW FIRM
https://contexte.aoc.arkansas.gov/i...resent2?DMS_ID=SG36N9CZE9Q5G74MGQSLTSEQ74F1DC

 

[arkansasmimi]

Appellant/Cross-Appellee was convicted of the kidnapping and
capital murder of Beverly Carter. Appellant moved to suppress evidence
recovered from the trunk of his vehicle and his residence, which was found
pursuant to search warrants. As to the evidence found in the trunk of his
vehicle, the State argued that, even if the court found that the search
warrants were fatally flawed, the evidence still should not be suppressed
under the inevitable-discovery doctrine. After several hearings, the circuit
court rejected the State’s arguments and suppressed the evidence found in
the residence and the trunk. The State cross-appeals, seeking to have error
declared as to these rulings.

 

[arkansasmimi]

CROSS-APPELLANT’S JURISDICTIONAL STATEMENT
I.
This is a timely cross-appeal from two evidence-suppression orders in
Pulaski County Circuit Court case number 60CR-14-3928. (Add. 64-92, 118-
18; R. 362-90, 425-31). The circuit court granted Appellant’s motion to
suppress evidence found pursuant to two search warrants, finding that they were
general warrants” in violation of the Fourth Amendment and that the good-faith
exception from United States v. Leon, 468 U.S. 897 (1984), did not apply. The
court also rejected the State’s alternative argument that the evidence found in
the trunk of Appellant’s vehicle should not be suppressed even if the warrant
was invalid because the evidence would have been inevitably discovered. The
issue on appeal is whether the circuit court incorrectly interpreted the law on
general warrants, inventory searches, and inevitable discovery. https://contexte.aoc.arkansas.gov/i...resent2?DMS_ID=UFHT3QG99UA8UW6QW1DURSDO8M0SJ4

 

[arkansasmimi]

II.
Pursuant to Arkansas Supreme Court Rule 1-2(c)(1)(B)(ii) (2016), we,
Assistant Attorneys General Kathryn Henry and Adam Jackson, express a
belief, based on a reasoned and studied professional judgment, that this appeal
raises the following questions of legal significance for jurisdictional purposes
under Rule 1-2(b)(4), (5), & (6): whether the circuit court misinterpreted the
law on general warrants, inventory searches, and the inevitable-discovery
doctrine.

 

[arkansasmimi]

III.
Pursuant to Arkansas Rule of Appellate Procedure – Criminal 3(c)
(2016), upon inspection of the record, we, Assistant Attorneys General Kathryn
Henry and Adam Jackson, are satisfied that error has been committed to the
prejudice of the State. This Court accepts appeals by the State when the
holding would be important to the correct and uniform administration of the
criminal law. E.g., State v. Guthrie, 341 Ark. 624, 628, 19 S.W.3d 10, 13
(2000). In accordance with Rule 3(d) (2016), we certify that the correct and
uniform administration of the criminal law requires review of this appeal by the
Arkansas Supreme Court. This appeal presents an issue of interpretation of the
criminal rules with widespread ramifications, and the resolution does not turn
on the facts unique to this case. Id. This appeal is also not for the sole purpose
of demonstrating the fact that the circuit court erred. E.g., State v. Stephenson,
330 Ark. 594, 595, 955 S.W.2d 518, 519 (1997). Rather, this appeal will
provide guidance to law-enforcement officers and courts when faced with
similar circumstances in the future. E.g., State v. Tyson, 2012 Ark. 107, at 5,
388 S.W.3d 1, 4. The State’s claim—that the circuit court incorrectly
interpreted the law on general warrants, inventory searches, and the inevitable-
ix
discovery doctrine—meets these criteria. Thus, this Court should consider the
merits of the case to maintain uniformity throughout the State, see, e.g., State v.
Harmon, 353 Ark. 568, 572-73, 113 S.W.3d 75, 77 (2003), and provide
guidance to our law-enforcement officers and courts as to the law in our State
when faced with similar circumstances in the future. See, e.g., State v. ManciaSandoval,
2010 Ark. 134, at 5, 361 S.W.3d 835, 838.
Respectfully submitted,
LESLIE RUTLEDGE
Attorney General
https://contexte.aoc.arkansas.gov/i...resent2?DMS_ID=UFHT3QG99UA8UW6QW1DURSDO8M0SJ4

 

[arkansasmimi]

12/15/2016
09:01 AM MOTION GRANTED HALL HENRY, KATHRYN ELIZABETH
Entry: Appellee's motion to file an enlarged brief is granted.
Images No Images

12/15/2016
09:01 AM LETTER ORDERS - SC HALL HENRY, KATHRYN ELIZABETH
Entry: Appellee's motion to file an enlarged brief is granted. Tendered appellee/cross-appellant's brief filed this date.
Images Letter Order

12/15/2016
02:18 PM APPELLEE'S BRIEF STATE OF ARKANSAS,
Entry: Appellee's Brief Cross Appellant's Brief
Images Appellee's Brief Cross Aplt's

12/15/2016
02:27 PM MOTION EXTENSION OF TIME KAISER, MICHAEL KIEL
Entry: Appellant's motion for extension of brief time.
Images MOTION

12/16/2016
12:17 PM BRIEF EXTENSION
Entry: Appellant's brief due January 29, 2017.
Images Brief Extension

01/23/2017
05:13 PM MOTION EXTENSION OF TIME KAISER, MICHAEL KIEL
Entry: Appellant's motion for extension of brief time.
Images MOTION

01/24/2017
09:46 AM GRANTED - FINAL EXTENSION
Entry: Appellant's brief due February 13, 2017. Final Extension.
Images Final Brief Extension

01/25/2017
05:32 PM PET WRIT OF CERT TO COMP REC KAISER, MICHAEL KIEL
Entry: Appellant/cross-appellee's petition for writ of certiorari to complete the record, or, in the alternative, motion to remand to settle the record.
Images PETITION


https://caseinfo.aoc.arkansas.gov/c...kto=P&case_id=CR-16-413&begin_date=&end_date=

 

[arkansasmimi]

PETITION FOR WRIT OF CERTIORARI

Rule 3-5. Certiorari To Complete The Record.

(a) Authorization for writ of certiorari. When jurisdiction is conferred by filing, within the time allowed for appeal, a dated and certified copy of the order or judgment appealed from, the Clerk may, upon authorization by the Court, issue a writ of certiorari to the clerk of the circuit court, the reporter, or any other person charged with the duty of preparing the record on appeal, directing that any omissions or errors in the record be corrected.

(b) Contents of writ. The writ shall order that the record be completed and certified within thirty days, and the explanation for any default in complying with the writ must be made on the return within the time directed. This procedure may be used in appeals of civil, criminal, and administrative agency or commission cases.

Associated Court Rules:
Rules of the Supreme Court and Court of Appeals of the State of Arkansas
Group Title:
Article III. The Record https://courts.arkansas.gov/rules-a...urt-rules/rule-3-5-certiorari-complete-record

 

[arkansasmimi]

PETITION FOR WRIT OF CERTIORARI TO COMPLETE THE
RECORD, OR, IN THE ALTERNATIVE, MOTION TO REMAND
TO SETTLE THE RECORD

The Appellant/Cross-Appellee, Aaron Lewis, by and through counsel, the James Law Firm, pursuant to Arkansas Supreme Court
Rule 3-5, states:
1. Appellant/Cross-Appellee was found guilty of Capital Murder and Kidnapping in Pulaski County Circuit Court, and sentenced to life imprisonment without parole and a consecutive term of life imprisonment.

2. After filing a timely notice of appeal, the record was timely lodged with this court.

3. While preparing Appellant/Cross-Appellee’s reply brief, undersigned counsel discovered that the prosecutor’s subpoena commanding Google to disclose records associated with a particular TextMe account to members of the Pulaski County
Sheriff’s Office was not part of the record. (*BBM)

4. Further, while preparing the brief, undersigned counsel discovered a filing relevant to the subject matter of this appeal in an unrelated federal case, case number 4:15cv0630-SWW-BD, Aaron Lewis, ADC #151373 v. John F. Johnson, et al. On December 21, 2016, a verified response to interrogatories was filed by attorneys for deputy prosecuting attorney John Johnson which discussed the use of the prosecutor’s subpoena power under Ark. Code Ann. § 16-43-212. See attached Exhibit A
“Defendant John F. Johnson’s Responses to Plaintiff’s Interrogatories and Requests for Production of Documents.”

 

[arkansasmimi]

5. Pursuant to Arkansas Supreme Court Administrative Order No. 4(a), the circuit court has a duty to ensure that a verbatim
record is made of all proceedings pertaining to any contested matter between the court or the jury unless the issue is waived
on the record by the parties. See also Conte v. State, 2014 Ark. 381; Chatmon v. State, 2014 Ark. 397.

6. Pursuant to Supreme Court Rule 3-5, Appellant requests that the Court issue a Writ of Certiorari to the Pulaski County Circuit
Clerk and Reporter, directing them to complete the record within thirty (30) days. Alternatively, if the Court deems it
necessary to remand to the circuit court to settle the record, Appellant moves that the case be remanded for that purpose.

7. Further, Appellant requests that his time for filing a brief in this matter be stayed. (*BBM, stop the clock on Reply due)

8. This petition is not made for purpose of delay. WHEREFORE, Appellant petitions this Court to issue a writ of certiorari to the court reporter and the Clerk of the Circuit Court of Pulaski County, Arkansas, directing that the record be completed, specifically that the court reporter provide a copy of the prosecutor’s subpoena that was issued to Google for the TextMe records and for
the relevant filings from federal case number 4:15-cv-0630-SWW-BD. Alternatively, Appellant moves that the case be remanded to the circuit court to settle the record on this issue.

Writ of Cert Exhibit A


https://contexte.aoc.arkansas.gov/i.../contexte.aoc.arkansas.gov/imaging/IMAGES/DMS

 

[arkansasmimi]

This Appeal/Cross Appeal is a big deal. It could set precedent in other cases. Especially in Pulaski County, which is the largest county in AR.

prec·e·dent
noun
ˈpresəd(&#601nt/
1.
an earlier event or action that is regarded as an example or guide to be considered in subsequent similar circumstances.

 

[arkansasmimi]

STATES ARGUMENT: pg 45/99

III. THE CIRCUIT COURT DID NOT ERR BY REJECTING
APPELLANT’S CHALLENGE TO THE USE OF PROSECUTOR’S
SUBPOENAS.
Appellant argues that the circuit court erred by refusing to suppress evidence resulting from prosecutor’s subpoenas. Investigator Michael Hendrix prepared those subpoenas for Yahoo, Google, and AT&T to obtain the call log associated with the “spoof number” used to contact Carter. (Ab. 3, 122; R. 549, 851). Citing State v. Hamzy, 288 Ark. 561, 709 S.W.2d 397 (1986), Appellant argued below that police officers are unauthorized to issue prosecutor subpoenas. (Add. 18; R. 223). The court found that Appellant “omit[ed] the actual holding of the case. Hamzy held that, prosecutorial misconduct aside, a defendant had no legitimate
expectation of privacy in his telephone records” and thus has no standing under the Fourth Amendment to challenge the subpoenas or phone records obtained. (Add. 68; R. 366). On appeal, Appellant makes the same argument he did below, but
ignores the finding that he lacked standing to challenge the subpoenas or phone records obtained therefrom.
Evidence should not be excluded under the Fourth Amendment unless an unlawful search or seizure violated the defendant’s own constitutional rights, and his or her rights are violated only if the challenged conduct invaded his or her legitimate expectation of privacy rather than that of a third party. Id. at 564, 709 S.W.2d at 398. “A person has no legitimate expectation of privacy in information he voluntarily turns over to third parties.” Smith v. Maryland, 442 U.S. 735, 743- 744 (1979) (holding that police did not violate the Fourth Amendment by causing a pen register to be installed at the telephone company’s offices to record the
telephone numbers dialed by a criminal suspect). 4 In Hamzy, a prosecutor issued a
...............
4 The recent United States Supreme Court opinion in Riley v. California, 134 S.Ct. 2473 (2014), does not change this. In Riley, the Court considered whether the police may, without a warrant, search digital information stored on a cell phone seized from an individual who has been arrested. Id. at 2480. There, the digital contents of cell phones had been searched by police incident to arrest, and the Court was required “to decide how the search incident to arrest doctrine applies to subpoena directing a telephone company to produce phone records for a police investigation. This Court held that the prosecutor abused his subpoena power by
authorizing the police to seize evidence. Id. at 563, 709 S.W.2d at 397-98. Nonetheless, Hamzy lacked standing to question the seizure because he did not show a violation of his own constitutional rights. Id. at 566, 709 S.W.2d at 399.
Here, just as in Hamzy, subpoenas were issued to third parties. Because Appellant lacked standing to challenge the admissibility of evidence obtained from prosecutor’s subpoenas, the court’s denial of his motion should be affirmed.
https://contexte.aoc.arkansas.gov/i.../contexte.aoc.arkansas.gov/imaging/IMAGES/DMS