Supreme Court of Arkansas
State of Arkansas Appellant v. Mark E. Payton Appellee — Wood, J., Dissenting
May 14, 20152015 Ark. LEXIS 334
Summary
Justice Wood dissented from dismissal of the State's interlocutory appeal, arguing that the appeal presented a pure legal question concerning whether Miranda warnings require custody before accusatory questioning. She would have reversed and remanded for the circuit court to decide suppression under the custodial-interrogation standard. The dissent contends that treating any mixed question of law and fact as beyond Rule 3 would effectively eliminate the State's ability to obtain interlocutory review of legal errors.