Ellis v. State

I dissent from the majority opinion in this case for the same reason that I dissented in Finn v. State, 36 Ark. App. 89, 819 S.W.2d 25 (1991). The appellant in Finn did not petition the Arkansas Supreme Court for review as provided in that court’s Rule 29(6). Generally, the judges of this court accept the majority decisions of this court and do not continue to dissent. Because our Supreme Court was not asked to review Finn, because the decision in Finn was handed down only last month, and because the issue has been argued by the appellant in the present case, the judges who dissented in Finn…