{
  "id": 1744774,
  "name": "STATE of Arkansas v. Roy A. STONE",
  "name_abbreviation": "State v. Stone",
  "decision_date": "1983-07-18",
  "docket_number": "CR 83-56",
  "first_page": "167",
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      "cite": "280 Ark. 167"
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      "cite": "655 S.W.2d 448"
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    "name": "Arkansas Supreme Court"
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      "year": 1981,
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      "year": 1981,
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  "last_updated": "2023-07-14T21:12:47.726191+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [],
    "parties": [
      "STATE of Arkansas v. Roy A. STONE"
    ],
    "opinions": [
      {
        "text": "George Rose Smith, Justice.\nIn this prosecution for four forgeries the trial judge sustained the defendant\u2019s motion to suppress a confession as having been involuntary. The State has appealed from that interlocutory order, as it is permitted to do by Criminal Procedure Rule 36.10 as amended by our per curiam order of February 14, 1983.\nWhen the defendant, Roy A. Stone, age 22, was arrested, he retained Theodor Strieker as his attorney. After conferring with his client, who was in custody, Strieker gave Deputy Sheriff Drake permission to take handwriting samples from Stone, but both Strieker and Stone told Sergeant Drake that no statements were to be taken. Strieker then left for lunch. The trial judge found from the stipulated facts and from defense counsel\u2019s uncontradicted trial brief \u201cthat Mr. Strieker was assured that no statement would be taken; and that Mr. Strieker was assured that he would be called \u2018if anything came up.\u2019 \u201d\nShortly after Strieker had left, Sergeant Drake went to obtain the handwriting samples from Stone. On the way upstairs from his cell Stone told Drake that he had been thinking and thought he ought to talk to Drake. Drake reminded Stone that he just wanted handwriting samples and that Stone\u2019s attorney had advised him not to make statements. Stone said he knew that but still thought he ought to talk to Drake. A taped statement was then taken, with Stone again being reminded of his attorney\u2019s advice and again expressing his wish to make a statement. No effort appears to have been made by Sergeant Drake to call Strieker.\nThe State argues that the confession was admissible, despite Stone\u2019s original refusal to make a statement, because Stone initiated his further conversation with Sergeant Drake. Edwards v. Arizona, 451 U.S. 477 (1981); Coble v. State, 274 Ark. 134, 624 S.W.2d 421 (1981), cert. denied 456 U.S. 1008 (1982). In Coble, however, we said: \u201cThe admissibility of statements obtained after a person in custody has decided to remain silent depends, under [Miranda v. Arizona, 384 U.S. 436 (1966)], on whether his right to cutoff questioning was scrupulously honored.\u201d Here it cannot be said that Sergeant Drake scrupulously honored Stone\u2019s rights, for Drake failed to call Stone\u2019s attorney after he had assured the attorney that he would be called if anything came up. To uphold the admissibility of the confession in these circumstances might enable the police to obtain confessions by first assuring counsel that no statement would be taken without further notice and then disregarding that assurance. When we consider the totality of the circumstances, as is our practice, we cannot say that the trial judge was clearly wrong in suppressing the confession.\nAffirmed, with the effect specified in Rule 36.10 (d).",
        "type": "majority",
        "author": "George Rose Smith, Justice."
      }
    ],
    "attorneys": [
      "Steve Clark, Atty. Gen., by: Theodore Holder, Asst. Atty. Gen., for appellant.",
      "R. Theodor Strieker, for appellee."
    ],
    "corrections": "",
    "head_matter": "STATE of Arkansas v. Roy A. STONE\nCR 83-56\n655 S.W.2d 448\nSupreme Court of Arkansas\nOpinion delivered July 18, 1983\nSteve Clark, Atty. Gen., by: Theodore Holder, Asst. Atty. Gen., for appellant.\nR. Theodor Strieker, for appellee."
  },
  "file_name": "0167-01",
  "first_page_order": 193,
  "last_page_order": 195
}