Prine v. State

I respectfully dissent. The writ should issue. The majority opinion does not cite Richards v. State, 338 Ark. 801, 2 S.W.3d 766 (1999); however, the decision in Richards was reached less than a month after the now overruled McFarland v. Lindsey, 338 Ark. 588, 2 S.W.3d 48 (1999), and clearly reveals the error in the present majority opinion. The court in Richards held as follows:

We adopted Ark. R. Crim. P. 28.1 for the purpose of enforcing the constitutional provisions requiring a speedy trial. Mackey v. State, 279 Ark. 307, 651 S.W.2d 769 (1994). Ark. R. Crim. P. 28.1(d) notes that motions…