A Pine Bluff man convicted of aggravated assault and other crimes who contended that there was insufficient evidence to convict him will have to provide more information before the Arkansas Court of Appeals will consider his case.
Jarmall Kelley, 23, who is presently serving a 72-month prison sentence, contended in the appeal that now-retired Circuit Judge Berlin Jones erred when he denied a motion for a directed verdict.
The case against Kelley stemmed from an altercation between Kelley and the mother of his child. Kelley was accused of entering the woman’s apartment and forcefully taking the child. The woman’s father testified at trial that he confronted Kelley outside the apartment and said Kelley pulled out a gun and started waving it around while holding the child.
Kelley also told the man he would shoot him if he tried to stop Kelley from taking the child.
In his appeal, testimony by the father that Kelley had threatened to shoot him was not included, an act which the court said appears to be intentional because Kelley then contended that there was no evidence that he pointed the gun or threatened anyone.
The appeals court ruling said the material Kelley submitted “does not offer an impartial condensation of the record.”
Kelley was given 30 days to file a substitute brief, abstract and addendum to comply with court rules. The court also said the deficiencies noted in the ruling are not an exhaustive list, and Kelley was encouraged to review the rules so that no other deficiencies were found.
According to the Department of Correction website, Kelley will be eligible to apply for parole in December 2023.