Supreme Court of Arkansas

State of Arkansas, Appellant v. James Griffin, Jr., Appellee — Womack, J., Concurring

March 2, 20172017 Ark. LEXIS 55

Summary

Justice Womack concurred in the result because the appellee had already been charged as an adult in an unrelated case before waiving counsel and making the statement at issue. He proposed that a waiver made after the adult-charging decision is communicated should be effective, while a waiver made before that point should remain protected by the juvenile code, and stated that the existing contrary rule should be overruled. Justice Josephine Linker Hart, dissenting, would have affirmed suppression because the statute absolutely prohibits accepting a juvenile's waiver while the juvenile is in Department of Human Services custody.