Lorenzo Lamar Kellon v. State of Arkansas — Wynne, J., Concurring

Summary

Justice Wynne concurred in the resolution of the suppression issue but wrote separately because the challenge to the proposed lesser-included-offense instructions warranted closer examination. He concluded that the instructions created an inherent conflict when capital felony murder and first-degree felony murder had identical elements, although he was not convinced the error required reversal. He urged the Committee on Criminal Jury Instructions to revise the instructions so that jurors could meaningfully consider the lesser offense.