Legal Opinion · Dissent

Nobles v. Casebier

Supreme Court of Arkansas

Decided March 3, 1997No. 96-1137Published

1DissentDavid Newbern, Justice

The majority opinion correctly states general rules concerning mistrials, but it fails to apply them as our Constitution and our case law require. Considering the timing of the Trial Court’s remark and the context in which it was made, no doubt remains that Mr. Nobles was deprived of a fair trial.

No factors make more indelible impressions on jurors than the attitudes, statements, and opinions of a trial judge. West v. State, 255 Ark. 668, 501 S.W.2d 771 (1973). To jurors, his word is the law. Id. Due to the great influence a trial judge has on a jury, the judge should refrain from making…

2Cases cited13 opinions

  1. Sharp v. StateSupreme Court of Arkansas · 1888
  2. West v. StateSupreme Court of Arkansas · 1973
  3. Dillon v. StateSupreme Court of Arkansas · 1994
  4. Childress v. StateSupreme Court of Arkansas · 1995
  5. Peals v. StateSupreme Court of Arkansas · 1979

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