Supreme Court of Arkansas

Ramon B. Trujillo, Appellant v. State of Arkansas, Appellee — Brill, J., Dissenting

February 11, 20162016 Ark. LEXIS 47

Summary

Chief Justice Brill dissented from the conclusion that a court may require cash-only bail after finding a defendant eligible for release. He reasoned that the Arkansas Constitution guarantees release through any sufficient surety, so requiring cash alone impermissibly eliminates that constitutional choice. Justice Josephine Linker Hart separately dissented, emphasizing that cash-only bail also conflicts with Rule 9.2 and disproportionately incarcerates defendants who lack readily available cash.