Opinion

MacKintrush v. State

60 Ark. App. 42
959 S.W.2d 404
1997 Ark. App. LEXIS 844

Court: Court of Appeals of Arkansas
Filed: Dec 22, 1997
Status: Published
Author: Areyiii
On the bench: Agree, Arey, Bird, Crabtree, Griffen, III, Roaf, Stroud
Cited by: 2 cases
Authority: More cited than 12.2%

The opinion

D. Franklin Arey, III, Judge, concurring. I join with the majority opinion in its result. To the extent that the majority relies on Colbert v. State, 304 Ark. 250 , 801 S.W.2d 643 (1990), I believe that it is on track. However, I believe that Judge Roaf correctly identifies an inconsistency in our interpretation of Bat-son. At some point, our supreme court should address the divergent cases identified by Judge Roaf.

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