Supreme Court of Arkansas

Kenneth Hinton, Appellant v. State of Arkansas, Appellee — Hart, J., Concurring in Part and Dissenting in Part

March 30, 20172017 Ark. LEXIS 90

Summary

Justice Hart concurs in the speedy-trial analysis but dissents from the conclusion that Hinton received a fair trial. She would hold that compelling Hinton to appear before the jury in prison clothing, despite available civilian clothing and no stated justification, violated the Fourteenth Amendment and was not harmless. She further concludes that Hinton was not required to demonstrate actual prejudice, although the circumstances independently showed prejudice.