{
  "id": 1900952,
  "name": "Russell MITCHELL v. STATE of Arkansas",
  "name_abbreviation": "Mitchell v. State",
  "decision_date": "1991-09-09",
  "docket_number": "CR 91-12",
  "first_page": "383",
  "last_page": "385",
  "citations": [
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      "cite": "306 Ark. 383"
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    {
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      "cite": "814 S.W.2d 904"
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  "court": {
    "name_abbreviation": "Ark.",
    "id": 8808,
    "name": "Arkansas Supreme Court"
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    "name_long": "Arkansas",
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      "reporter": "Ark.",
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      "reporter": "Ark.",
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      "year": 1991,
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      "category": "reporters:state",
      "reporter": "Ark.",
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      "weight": 4,
      "year": 1991,
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      "case_paths": [
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    {
      "cite": "Ark. Code Ann. \u00a7 12-9-108",
      "category": "laws:leg_statute",
      "reporter": "Ark. Code Ann.",
      "weight": 2,
      "year": 1987,
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  "analysis": {
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    "ocr_confidence": 0.877,
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  "last_updated": "2023-07-14T15:19:57.276738+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [],
    "parties": [
      "Russell MITCHELL v. STATE of Arkansas"
    ],
    "opinions": [
      {
        "text": "Robert H. Dudley, Justice.\nAppellant was arrested and charged by police citation with three (3) misdemeanors. At the time of appellant\u2019s arrest, the charging officer\u2019s personnel file did not contain a psychological evaluation, and as a result, the officer did not meet the minimum standards established by the Commission on Law Enforcement Standards and Training. The statute then in effect provided that any action taken by an officer who did not meet the minimum standards \u201cshall be held as invalid.\u201d Ark. Code Ann. \u00a7 12-9-108(a) (1987). After appellant\u2019s arrest, but before his trial, the statute was amended to provide that \u201c[a]ctions taken by law enforcement officers . . . shall not be held invalid merely because of the failure to meet the standards and qualifications.\u201d Act 44 of 1989; Ark. Code Ann. \u00a7 12-9-108(a) (1990-91 Advance Code Service). The amendment additionally provided that it was applicable to all pending cases.\nAppellant filed a motion to dismiss the citation on the ground that it was invalidly issued since the officer did not meet the standards and, in addition, filed a motion to suppress all evidence gathered by the officer. The trial court applied Act 44 and denied both motions. Upon trial, appellant was convicted of the misdemeanors. He appeals and makes four (4) assignments of error. We have previously decided the four (4) arguments adversely to appellant\u2019s contentions.\nAppellant first contends the police citation was invalid, and therefore, the trial court erred in refusing to quash it. The trial court did not err. Harbour v. State, 305 Ark. 316, 807 S.W.2d 663 (1991). He also argues that the trial court erred in refusing to suppress the evidence gathered by the officer. Again, the trial court did not err. State v. Henry, 304 Ark. 339, 802 S.W.2d 448 (1991) and Moore v. State, 303 Ark. 514, 798 S.W.2d 87 (1990).\nHe argues that the application of Act 44 to a pending case violated the prohibitions against ex post facto laws. The argument is without merit. Ridenhourv. State, 305 Ark. 90, 805 S.W.2d 639 (1991). His final argument is that he was deprived of procedural due process because the police citation was invalid. This argument is also without merit. Harbour v. State, 305 Ark. 316, 807 S.W.2d 663 (1991).\nAffirmed.",
        "type": "majority",
        "author": "Robert H. Dudley, Justice."
      }
    ],
    "attorneys": [
      "Don B. Dodson, for appellant.",
      "Winston Bryant, Att\u2019y Gen., by: Elizabeth A. Vines, Asst. Att\u2019y Gen., for appellee."
    ],
    "corrections": "",
    "head_matter": "Russell MITCHELL v. STATE of Arkansas\nCR 91-12\n814 S.W.2d 904\nSupreme Court of Arkansas\nOpinion delivered September 9, 1991\nDon B. Dodson, for appellant.\nWinston Bryant, Att\u2019y Gen., by: Elizabeth A. Vines, Asst. Att\u2019y Gen., for appellee."
  },
  "file_name": "0383-01",
  "first_page_order": 435,
  "last_page_order": 437
}