Frank Wheeler v. State of Arkansas

Summary

This concurring opinion explains that the court's earlier decision involving a fully developed structural constitutional defect did not eliminate criminal defendants' duties to raise and preserve constitutional claims. It distinguishes that extraordinary posture from Wheeler's individualized, unpreserved double-jeopardy claim and concludes that reliance on the earlier decision cannot justify review. The concurrence therefore rejects the dissent's view that review should be granted.