{
  "id": 1902457,
  "name": "Denver LEMONS v. STATE of Arkansas",
  "name_abbreviation": "Lemons v. State",
  "decision_date": "1991-10-21",
  "docket_number": "CR 91-136",
  "first_page": "12",
  "last_page": "14",
  "citations": [
    {
      "type": "official",
      "cite": "307 Ark. 12"
    },
    {
      "type": "parallel",
      "cite": "817 S.W.2d 411"
    }
  ],
  "court": {
    "name_abbreviation": "Ark.",
    "id": 8808,
    "name": "Arkansas Supreme Court"
  },
  "jurisdiction": {
    "id": 34,
    "name_long": "Arkansas",
    "name": "Ark."
  },
  "cites_to": [
    {
      "cite": "291 Ark. 521",
      "category": "reporters:state",
      "reporter": "Ark.",
      "case_ids": [
        1872655
      ],
      "weight": 2,
      "year": 1987,
      "opinion_index": 0,
      "case_paths": [
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      ]
    },
    {
      "cite": "274 Ark. 244",
      "category": "reporters:state",
      "reporter": "Ark.",
      "case_ids": [
        1754961
      ],
      "weight": 2,
      "year": 1981,
      "opinion_index": 0,
      "case_paths": [
        "/ark/274/0244-01"
      ]
    }
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  "analysis": {
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  "last_updated": "2023-07-14T22:45:32.876763+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Denver LEMONS v. STATE of Arkansas"
    ],
    "opinions": [
      {
        "text": "David Newbern, Justice.\nThe appellant, Denver Lemons, was picked up in Garland County on December 14, 1990, on charges unrelated to those involved in this appeal. A Garland County officer informed a Hot Spring County officer that Lemons might have information for him. Lemons was taken to Hot Spring County. That same date, Lemons, while in custody in Hot Spring County, confessed to burglaries by which he came into possession of jewelry and guns.\nLemons was arrested following the confession and incarcerated in Hot Spring County from that point through January 14, 1991, when he made his first appearance before a judicial officer.\nLemons moved to suppress his confession because his being held for 31 days before his first appearance violated Ark. R. Crim. P. 8.1. The motion was denied. Lemons was convicted of burglary, theft of property, and being a felon in possession of a firearm.\nThe sole point on appeal is whether the Trial Court erred in denying relief for the violation of Rule 8.1. We affirm the conviction as there was no connection between the delay and the evidence sought to be suppressed.\nRule 8.1. provides:\nPrompt First Appearance.\nAn arrested person who is not released by citation or by other lawful manner shall be taken before a judicial officer without unnecessary delay.\nIn Cook v. State, 274 Ark. 244, 623 S.W.2d 820 (1981), we found a 30-day delay sufficient to establish a violation. We also held the Rule mandatory rather than discretionary; however, we noted that the remedy for violation of the rule is to suppress any custodial statement. We later made it clear that to require suppression it must be shown that \u201cthe evidence [obtained in violation of the Rule] must be reasonably related to the delay.\u201d Duncan v. State, 291 Ark. 521, 726 S.W.2d 653 (1987). In this case, there is no connection between the statement obtained on the night of the arrest and the subsequent delay.\nAffirmed.",
        "type": "majority",
        "author": "David Newbern, Justice."
      }
    ],
    "attorneys": [
      "Robert N. Jeffrey, for appellant.",
      "Winston Bryant, Att\u2019y Gen., by: Melissa K. Rust, Asst. Att\u2019y Gen., for appellee."
    ],
    "corrections": "",
    "head_matter": "Denver LEMONS v. STATE of Arkansas\nCR 91-136\n817 S.W.2d 411\nSupreme Court of Arkansas\nOpinion delivered October 21, 1991\nRobert N. Jeffrey, for appellant.\nWinston Bryant, Att\u2019y Gen., by: Melissa K. Rust, Asst. Att\u2019y Gen., for appellee."
  },
  "file_name": "0012-01",
  "first_page_order": 38,
  "last_page_order": 40
}
