Mitchell v. State

OPINION ON APPELLANT’S MOTION FOR REHEARING

CLINTON, Judge.

Any method worthy of being called a “system” is expected to work at least tolerably well. What is now before us demonstrates, however, that sometimes the criminal justice system functions at a level well below acceptable tolerance. With the thought that critical evaluation of one operation of the mechanism may provoke self-examination of others, we assay the instant situation in some detail. Our critique is not of individual performance but of the mechanical operation of the system itself in this case.

Appellant was arrested in the…