Tucker v. State

I must respectfully dissent from the affirmance of this conviction and the refusal of the court to hold the confession in this case to be involuntary and the subsequent admissions of Billy Tucker the fruit of that poisonous tree. The court has given lip service to the rule first stated in Harris v. State, 244 Ark. 314, 425 S.W. 2d 293, and almost monotonously repeated since then, i.e., that this court makes an independent determination of the voluntariness of a confession from the totality of the circumstances; however, the majority has failed to face up to the “totality of the…