{
  "id": 1174844,
  "name": "Robert L. MILLER v. Floyd J. LOFTON, Judge",
  "name_abbreviation": "Miller v. Lofton",
  "decision_date": "1981-03-16",
  "docket_number": "CR 79-232",
  "first_page": "164",
  "last_page": "166",
  "citations": [
    {
      "type": "official",
      "cite": "272 Ark. 164"
    },
    {
      "type": "parallel",
      "cite": "612 S.W.2d 732"
    }
  ],
  "court": {
    "name_abbreviation": "Ark.",
    "id": 8808,
    "name": "Arkansas Supreme Court"
  },
  "jurisdiction": {
    "id": 34,
    "name_long": "Arkansas",
    "name": "Ark."
  },
  "cites_to": [
    {
      "cite": "268 Ark. 484",
      "category": "reporters:state",
      "reporter": "Ark.",
      "case_ids": [
        1715515
      ],
      "weight": 2,
      "year": 1980,
      "opinion_index": 0,
      "case_paths": [
        "/ark/268/0484-01"
      ]
    }
  ],
  "analysis": {
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  "last_updated": "2023-07-14T20:44:04.069601+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Robert L. MILLER v. Floyd J. LOFTON, Judge"
    ],
    "opinions": [
      {
        "text": "George Rose Smith, Justice.\nThis petition for prohibition asserts that Miller has been denied a speedy trial upon a charge of burglary pending in the Pulaski Circuit Court. Such petitions are within our jurisdiction under Rule 29(1) (f). We find no denial of Miller\u2019s right to a speedy trial.\nMiller was arrested on July 3, 1978. He was first charged with the present offense of burglary and later separately charged with other unreleated offenses. The latter charges were tried on February 1, 1979, with a finding of guilty and sentences totaling seven years and 30 days.\nOn October 11, 1979, the charge of burglary was set for trial on November 15, 1979, which would have been within the third term of court after the arrest. Miller moved for a dismissal, on the ground that he had not been tried within nine months after the first trial. After the denial of that motion Miller filed his petition for prohibition in this court. We issued a temporary writ on February 11, 1980, but owing to a misunderstanding about the briefing schedule under Rule 16 the petitioner\u2019s brief was not filed until last December.\nThere is no merit in petitioner\u2019s argument that the State\u2019s failure to try him within nine months entitled him to an absolute discharge. In a case decided after this petition for prohibition was filed we held that under Criminal Procedure Rule 30.1 (b) the accused is entitled not to a discharge but only to a release from custody after nine months, but even such a release is not possible when the accused is confined in the Department of Correction under an earlier conviction. Matthews v. State, 268 Ark. 484, 598 S.W. 2d 58 (1980).\nAlternatively, petitioner argues that the State knew of his earlier conviction and confinement and failed to \u201cpromptly\u201d seek his presence for trial, as required by A. R. Crim. P., Rule 291 (a). \u201cPromptly,\u201d however, is not an exact term. As used in the Rule it necessarily means without undue or unreasonable delay. Here Miller failed to offer any testimony in support of his motion to dismiss; so the question is presented as an issue of law with no showing of actual prejudice from the delay. The case was set for trial within the three terms of court allowed by Rules 28.1 (b) and 28.2. Thus there was a prima facie compliance with the speedy trial requirements, and in the absence of proof of prejudice we cannot say as a matter of law that the State did not act promptly.\nWrit denied.",
        "type": "majority",
        "author": "George Rose Smith, Justice."
      }
    ],
    "attorneys": [
      "William R. Simpson, Jr., Public Defender, 6th Judicial District, by: Howard W. Koopman, Chief Deputy Defender, for appellant.",
      "Steve Clark, Atty. Gen., by: Arnold M. Jochums, Asst. Atty. Gen., for appellee."
    ],
    "corrections": "",
    "head_matter": "Robert L. MILLER v. Floyd J. LOFTON, Judge\nCR 79-232\n612 S.W. 2d 732\nSupreme Court of Arkansas\nOpinion delivered March 16, 1981\nWilliam R. Simpson, Jr., Public Defender, 6th Judicial District, by: Howard W. Koopman, Chief Deputy Defender, for appellant.\nSteve Clark, Atty. Gen., by: Arnold M. Jochums, Asst. Atty. Gen., for appellee."
  },
  "file_name": "0164-01",
  "first_page_order": 186,
  "last_page_order": 188
}