Supreme Court of Arkansas, 1983

Kelley v. State

Kelley v. State
Supreme Court of Arkansas · Decided February 28, 1983 · Purtle
278 Ark. 497; 646 S.W.2d 703; 1983 Ark. LEXIS 1294

Kelley v. State

Opinion of the Court

Per Curiam.

Petition for Review is denied. Purtle, J., would grant.

Dissenting Opinion

John I. Purtle, Justice, dissenting.

I sincerely believe it is a denial of the rights granted to an accused by the Sixth Amendment to the Constitution of the United States and of Art. 2, Sec. 10 of the Constitution of Arkansas to limit defendant’s counsel to fifteen minutes to argue his case before a jury. The fact that the Arkansas Court of Appeals decided this case by a tie vote is evidence it should be reviewed by this court. Certainly the denial of a constitutional right, as I believe this to be, involves legal principles of major importance as envisioned by our Rule 29 (6) (b). I would grant the petition.

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