State of Arkansas, Appellant v. James Griffin, Jr., Appellee — Hart, J., Dissenting

Summary

Justice Hart dissented from the majority's reversal, concluding that the statute absolutely prohibited a juvenile in the custody of the Department of Human Services from waiving the right to counsel and that the circuit court properly suppressed the resulting statement. She distinguished statutory provisions governing juvenile-court proceedings from the broader prohibition applicable to a juvenile in Department custody. Justice Womack, concurring, agreed with the outcome but proposed a timing-based test under which the effectiveness of a waiver would depend on when the adult-charging decision was made and communicated.