Legal Opinion

Byrd v. State

Supreme Court of Arkansas

Decided July 18, 1994No. CR 94-167PublishedCited by 17 opinions

1Opinion of the Court

Robert L. Brown, Justice.

Appellant Michael Wayne Byrd contends that Act 592 of 1993, now codified at Ark. Code Ann.' § 16-32-202 et seq. (Repl. 1994), violates the Arkansas Constitution because it permits a trial court to empanel a six-person jury for misdemeanor offenses. We agree with Byrd that Act 592 does violate Article 2, § 7, of the Arkansas Constitution. We hold that the Act cannot stand, and we reverse and remand for a new trial.

On December 10, 1992, Byrd was arrested outside of Knob Hill after he was observed swerving from side to side and crossing the center line and charged with a…

2Cases cited8 opinions

  1. Williams v. FloridaSupreme Court of the United States · 1970
  2. State v. HammSupreme Court of Minnesota · 1988
  3. City of Seattle v. HeslerWashington Supreme Court · 1982
  4. O'BRIEN v. StateIndiana Court of Appeals · 1981
  5. State ex rel. City of Columbus v. BoylandOhio Supreme Court · 1979

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3Cited by17 opinions

  1. United States v. Francisco Curbelo, A/K/A Murando, United States of America v. Francisco Curbelo, A/K/A MurandoCourt of Appeals for the Fourth Circuit · 2003
  2. Norris v. StateSupreme Court of Arkansas · 1999
  3. Collins v. StateSupreme Court of Arkansas · 1996
  4. Grinning v. City of Pine BluffSupreme Court of Arkansas · 1995
  5. People v. RodriguezSupreme Court of Colorado · 2005

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