Opinion

State ex rel. Sargent v. Lewis

  • 335 Ark. 188
  • 979 S.W.2d 894
  • 1998 Ark. LEXIS 626
Court
Supreme Court of Arkansas
Filed
Nov 19, 1998
Status
Published
Author
Brown
On the bench
Brown, Glaze, Newbern
Cited by
25 cases

The opinion

Robert L. Brown, Justice, concurring. I agree with Justice Glaze’s analysis in his dissent that a violation of Ark. Code Ann. § 7-5-211 (Supp. 1997) may constitute a misdemeanor. I would affirm, however, for the reason that a municipal judge must be satisfied that there are reasonable grounds for arrest. Ark. R. Crim. P. 7.1(b); Ark. Code Ann. § 16-81-104 (a)(2) (1987). Here, the municipal judge was not so satisfied. Mandamus does not lie to control judgment calls by a magistrate such as we have in this case. For that reason, I concur in the result.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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