State of Arkansas, Appellant v. James Griffin, Jr., Appellee

Summary

The court held that the statutory prohibition on waiver of counsel for juveniles in DHS custody applies only to juvenile-court proceedings, not to a juvenile who is ultimately prosecuted as an adult in circuit court. Because Griffin was charged as an adult, the circuit court erred by suppressing his statement solely under that statute, and the order was reversed and remanded. Justice Womack, concurring, would adopt a timing-based waiver test, while Justice Hart, dissenting, would enforce the statute's absolute prohibition and affirm suppression.