Arkansas Supreme Court; Karen R. Baker; Rhonda K. Wood; Robin F. Wynne

“ A reasonable belief is the belief that an ordinary and prudent person would form under the circumstances. Ark. Code Ann. § 5-1-102. Thus, Schnarr is not entitled to a deadly-force justification instruction unless the evidence establishes that a reasonable person would have believed that the victim was about to use unlawful deadly force.
What is apparent from the record is that the evidence did not materially change from Schnarr I. Although counsel argues otherwise, Schnarr was able to present his evidence of self-defense. ”

“ First, in Cobb, Cobb was charged with capital murder and asserted that the circuit court erred when it denied Cobb’s request for a manslaughter instruction. We affirmed and explained that where Cobb "admitted to shooting the unarmed victim once in the back causing paralysis and shooting the victim a second time while he was incapable of moving or causing harm to appellant, it is clear that a justification defense is inconsistent with the 'recklessly causing' element found in the offense of manslaughter. ”

“ The State directs us to our prior holding in Cobb . . . in support of its proposition that a manslaughter instruction is never warranted where a justification defense has been asserted because, as part of that defense, the defendant admits to at least knowingly shooting the victim. The State reads our decision too broadly. ”

“ The doctrine serves to effectuate efficiency and finality in the judicial process, and its purpose is to maintain consistency and to avoid reconsideration of matters once decided during the course of a single, continuing lawsuit. ”

“ A person acts recklessly with respect to attendant circumstances or a result of his or her conduct when the person consciously disregards a substantial and unjustifiable risk that the attendant circumstances exist or the result will occur. ”

“ Schnarr stated that he did not see Aldridge with a weapon.
Schnarr I, 2017 Ark. 10, at 1–3.
We reversed for a new trial, holding that Schnarr had been deprived of his constitutional right to a public trial. Upon remand, on November 29–30, 2017, Schnarr was tried for a third time. At that trial, Schnarr was charged with manslaughter pursuant to Arkansas Code Annotated § 5-10-104 (Repl. 2013) . That section provides that a person commits manslaughter if he "recklessly causes the death of another person [.] " Schnarr was convicted and sentenced to three years' imprisonment. ”