Opinion

Calnan v. State

  • 310 Ark. 744
  • 841 S.W.2d 593
  • 1992 Ark. LEXIS 652
Court
Supreme Court of Arkansas
Filed
Nov 2, 1992
Status
Published
Author
Glaze
On the bench
Brown, Newbern, Hays, Glaze
Cited by
39 cases
Authority
More cited than 10.8%

holding error involving fundamental right to jury trial in criminal case fell within the third Wicks exception

How later courts described this case

  • holding error involving fundamental right to jury trial in criminal case fell within the third Wicks exception
  • denial of right to jury trial constituted “structural error”
  • reversing convictions where there was no express waiver by defendant of right to jury trial
  • the right to a jury trial satisfies one of the narrowly-defined exceptions set forth in Wicks v. State, 270 Ark. 781, 606 S.W.2d 366 (1980)

Written by the judges who cited it.

The opinion

Glaze, J., dissents for most of the same reasons set out in the dissenting opinion in Winkle v. State, 310 Ark. 713 , 841 S.W.2d 589 (1992). Hays and Brown, JJ., join in the dissent in this case as well.

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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