Legal Opinion

Weaver v. State

Supreme Court of Arkansas

Decided July 5, 1988No. CR 88-18PublishedCited by 13 opinions

1Opinion of the Court

David Newbern, Justice.

The appellant, Thomas L. Weaver, was convicted in municipal court of indecent exposure. He appealed to the Van Burén Circuit Court which refused to hear the case because Weaver’s counsel had not given the court proposed jury instructions as required by a local rule. We hold that the court erred in the application of its rule, and thus we reverse the decision.

When a conviction is appealed from a municipal court to a circuit court, the case is tried de novo, Ark. Code Ann. § 16-96-507 (1987), and the appellant is entitled to a trial by jury. See Johnston v. City of Pine…

2Cases cited5 opinions

  1. Raul Loya v. Desert Sands Unified School District, a Governmental Agency & Harold SchoenfeldCourt of Appeals for the Ninth Circuit · 1983
  2. Fredrick C. Lyons v. Lt. Jackie Goodson, North Little Rock Police Dept., North Little Rock, ArCourt of Appeals for the Eighth Circuit · 1986
  3. Johnston v. City of Pine BluffSupreme Court of Arkansas · 1975
  4. Letaw v. SmithSupreme Court of Arkansas · 1954
  5. Russell v. StateSupreme Court of Arkansas · 1986

3Cited by13 opinions

  1. Ayala v. StateSupreme Court of Arkansas · 2006
  2. Harrell v. City of ConwaySupreme Court of Arkansas · 1988
  3. Medlock v. StateSupreme Court of Arkansas · 1997
  4. State v. RobertsSupreme Court of Arkansas · 1995
  5. Tracy French v. State of ArkansasSupreme Court of Arkansas · 2019

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