Legal Opinion · Concurrence

Carrick v. State

Court of Appeals of Arkansas

Decided March 9, 2016No. CR-15-301Published

1ConcurrenceM. Michael Kinard, Judge

|14I fully agree with the majority opinion and join in it. There was no clear and definite order requiring appellant to hire an attorney and bring him or her to court and, hence, no contumacious violation of any such order.9 Even had there been such an order, the trial court would have been without “authority” to have entered it “under the circumstances presented here,”10 i.e., the trial court did so simply because appellant was not learned in the law and despite the lack of any showing that appellant was “incompetent” under the standard of Faretta v. California, 422 U.S. 806, 95 S.Ct. 2525,…

2Cases cited4 opinions

  1. Faretta v. CaliforniaSupreme Court of the United States · 1975
  2. Lilly v. EarlSupreme Court of Arkansas · 1989
  3. Allison v. DuFresneSupreme Court of Arkansas · 2000
  4. Norton v. TaylorSupreme Court of Arkansas · 1989

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API