Opinion

Bell v. State

  • 296 Ark. 458
  • 757 S.W.2d 937
  • 1988 Ark. LEXIS 410
Court
Supreme Court of Arkansas
Filed
Oct 10, 1988
Status
Published
Author
Glaze
On the bench
Purtle, Holt, Glaze, Dudley, Newbern
Cited by
27 cases

holding that reversal is required when a significant step in a case is taken in an accused’s absence if it appears that he has lost an advantage or has been prejudiced

How later courts described this case

  • holding that reversal is required when a significant step in a case is taken in an accused’s absence if it appears that he has lost an advantage or has been prejudiced
  • record must be sufficient to permit meaningful appellate review
  • reconstructed record must be “adequate to inform [court] of what transpired at . . . trial”
  • affirmed because the defendant failed to preserve the argument for appeal

Written by the judges who cited it.

The opinion

Tom Glaze, Justice, concurring. I agree with the dissent that the appellant was entitled to be present if a hearing had been held on his motions. However, hearings are not required before a trial judge can rule on a motion, and neither the appellant, nor the record, shows a hearing was either requested or held on the motions he presented or filed with the court. For this reason, I join the majority.

Holt, C.J., joins in this concurrence.

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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