Elmore v. State

Appellant Jeffrey Elmore appeals his January 21, 2003 conviction for the rape of his twelve year old stepdaughter. At issue is whether the trial judge erred in not striking his wife from the jury for cause. Because this appeal involves a sentence in which the death penalty or life imprisonment has been imposed, we have jurisdiction under Ark. R. Sup. Ct. 1-2(a)(2). We reverse and remand for a new trial. I. Facts On September 30, 2002, appellant Jeffrey Elmore was charged with the rape of his twelve year old stepdaughter, H.G. On January 21, 2003, the court held a Denno hearing in order to determine the voluntariness of the appellant's confession. The appellant claimed that because he was coming down after smoking crack at the time he was being interrogated, his confession was not voluntary. After hearing testimony from the interrogating officers that Elmore showed no signs of being on drugs, the court ruled that the appellant's statements were voluntary and denied his motion to suppress them.