Legal Opinion · Concurrence

Vault v. State

Supreme Court of Arkansas

Decided April 1, 1974No. CR 73-168Published

1ConcurrenceJohn A. Fogleman, Justice

I could not agree to the reversal of this case if it were not for the fact that we abandoned the traditional “substantial evidence” test for review of questions of voluntariness of confessions in Harris v. State, 244 Ark. 314, 425 S.W. 2d 293, and committed ourselves to an independent determination of voluntariness, saying that we would still give considerable weight to the findings of the trial judge and respectful consideration of them on the crucial issue, so long as the independent responsibility of the appellate court to determine the question of volun-tariness is not frustrated. I now…

2Cases cited31 opinions

  1. United States v. United States Gypsum Co.Supreme Court of the United States · 1948
  2. Haynes v. WashingtonSupreme Court of the United States · 1963
  3. Davis v. North CarolinaSupreme Court of the United States · 1966
  4. People v. LaraCalifornia Supreme Court · 1967
  5. Henry W. Jackson v. United StatesCourt of Appeals for the D.C. Circuit · 1965

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