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

Summary

Justice Hart's dissent would hold that imposing cash-only bail violates the Arkansas Constitution and Rule 9.2 because a person entitled to bail must be allowed to use any sufficient surety and the least restrictive permitted bail arrangement. She reasons that the circuit court improperly bypassed the alternatives authorized by the rule and impaired the constitutional right to reasonable bail. Chief Justice Brill's separate dissent likewise would hold that cash-only bail violates the constitutional guarantee of release upon a sufficient surety, but relies primarily on constitutional text and historical meaning.