. . . .
The Arkansas Court of Appeals initially heard Proctor's appeal and, in a 3-3-3 opinion, reversed and remanded on the issue of the admissibility of the bond-hearing testimony. Proctor v. State, 76 Ark. App. 48, 60 S.W.3d 486 (2001) (three judges found violations of both the Confrontation Clause and Ark. R. Evid. 804 (2001); whereas, three concurring judges found only a violation of Rule 804 and three dissenting judges found no violation of either Rule 804 or the Confrontation Clause).
. . . .
"A person commits battery in the third degree if: (1) with the purpose of causing physical injury to another person, he causes physical injury to any person . . . ." Ark. Code Ann. § 5-13-203(a)(1) - (a) (2) (Repl. 1997). Melissa and Brandon testified concerning the incident at the Comfort Inn in which Proctor knocked Melissa to the floor and then kicked her. Lt. Thessing testified that Melissa told him Proctor had hit her several times. This evidence is overwhelming proof that Proctor, with the purpose of causing injury to Melissa, physically injured her. Accordingly, we hold that the improper admission of Officer Puckett's testimony was harmless error as to the offense of third-degree battery.
. . . .
While I agree with the majority opinion's statement of the law with respect to the proof needed to establish the crime of attempted kidnapping, I must respectfully dissent from the majority's conclusion that there was not overwhelming evidence of Julian Proctor's guilt on the attempted kidnapping charge. The majority correctly notes that intent can seldom be proven by direct evidence, and that it must frequently be established by circumstantial evidence. See, e.g., Gaines v. State, 340 Ark. 99, 8 S.W.3d 547 (2000); Jackson v. State, 290 Ark. 160, 717 S.W.2d 801 (1986) (inferring from circumstantial evidence an intent to terrorize a kidnapping victim).
. . . .
Rule 4-2. Contents of briefs.
(a) Contents.
The contents of the brief shall be in the following order:
. . . .
(7) Argument. Arguments shall be presented under subheadings
numbered to correspond to the outline of points to be relied upon. For each
issue, the applicable standard of review shall be concisely stated at the beginning
of the discussion of the issue. Citations of decisions of the Court which are
officially reported must be from the official reports. All citations of decisions
of any court must state the style of the case and the book and page in which
the case is found. If the case is also reported by one or more unofficial publishers,
these should also be cited, if possible. Reference in the argument portion of
the parties' briefs to material found in the abstract and Addendum shall be
followed by a reference to the page number of the abstract or Addendum at which
such material may be found. The number of pages for argument shall comply with
Rule 4-1(b).