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Justia Daily Opinion Summaries

Arkansas Supreme Court
December 15, 2020

Table of Contents

State v. Higginbotham

Criminal Law

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Arkansas Supreme Court Opinions

State v. Higginbotham

Citation: 2020 Ark. 315

Opinion Date: December 10, 2020

Judge: Womack

Areas of Law: Criminal Law

The Supreme Court reversed the judgment of the circuit court dismissing charges against Defendant based on a speedy-trial violation, holding that the circuit court erred in finding that the necessary conditions for implementation of the Interstate Agreement on Detainers (IAD), Ark. Code Ann. 16-95-101, had been met. Defendant filed a motion to dismiss all pending criminal actions against him arguing that he had not been brought to trial within 180 days of the date his notice and request for final disposition were filed, in violation of the IAD's speedy-trial provision. The circuit court granted the motion. The Supreme Court reversed, holding (1) a detainer, unless based upon an untried indictment, information or complaint, will not trigger application of the IAD; and (2) the circuit court erred in finding that the IAD applied in Defendant's case.

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