Supreme Court of Arkansas

Ulises Arroyo, Jr. v. State of Arkansas

June 6, 20132013 Ark. LEXIS 288

Summary

The court held that the circuit court wrongly denied Arroyo’s request for a continuance to obtain retained counsel of his choice because it failed to balance his interests against the demands of the court’s calendar and the fairness of proceeding. Because denial of counsel of choice is complete without a showing of prejudice, the court reversed and remanded for a new trial. Justice Danielson, joined by Justice Corbin, dissented, concluding that the record did not show an improper denial and that the circuit court was not required to conduct further inquiry.