Cole v. State

I respectfully dissent from the majority’s decision to affirm the circuit court’s revocation. In doing so, I join Judges Vaught’s and Hixson’s dissenting opinions but write separately to further explain why I would reverse the circuit court’s decision.

First, I wish the majority would have expressly cautioned the bench and bar not to read its opinion as judicially inserting into Arkansas’s probationary law that a 14-day trip somewhere (whether inside or outside Arkansas) will necessarily violate the probationary term and condition at issue here. The majority does not do so; therefore, its…