{
  "id": 1898869,
  "name": "Ricky W. WHITE v. STATE of Arkansas",
  "name_abbreviation": "White v. State",
  "decision_date": "1992-07-06",
  "docket_number": "CR 92-277",
  "first_page": "200",
  "last_page": "202",
  "citations": [
    {
      "type": "official",
      "cite": "310 Ark. 200"
    },
    {
      "type": "parallel",
      "cite": "833 S.W.2d 771"
    }
  ],
  "court": {
    "name_abbreviation": "Ark.",
    "id": 8808,
    "name": "Arkansas Supreme Court"
  },
  "jurisdiction": {
    "id": 34,
    "name_long": "Arkansas",
    "name": "Ark."
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  "cites_to": [
    {
      "cite": "271 Ark. 674",
      "category": "reporters:state",
      "reporter": "Ark.",
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      "year": 1981,
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        "/ark/271/0674-01"
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    {
      "cite": "305 Ark. 296",
      "category": "reporters:state",
      "reporter": "Ark.",
      "case_ids": [
        1916736
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      "weight": 2,
      "year": 1991,
      "opinion_index": 0,
      "case_paths": [
        "/ark/305/0296-01"
      ]
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    {
      "cite": "294 Ark. 464",
      "category": "reporters:state",
      "reporter": "Ark.",
      "case_ids": [
        1895750
      ],
      "weight": 2,
      "year": 1988,
      "opinion_index": 0,
      "case_paths": [
        "/ark/294/0464-01"
      ]
    },
    {
      "cite": "307 Ark. 1",
      "category": "reporters:state",
      "reporter": "Ark.",
      "case_ids": [
        1902482
      ],
      "weight": 2,
      "year": 1991,
      "opinion_index": 0,
      "case_paths": [
        "/ark/307/0001-01"
      ]
    }
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  "analysis": {
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  "last_updated": "2023-07-14T21:02:16.191716+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [],
    "parties": [
      "Ricky W. WHITE v. STATE of Arkansas"
    ],
    "opinions": [
      {
        "text": "Tom Glaze, Justice.\nAppellant was convicted of aggravated robbery and sentenced, as a habitual offender, to seventy-five years imprisonment. As his sole issue on appeal, the appellant argues that the trial court erred in denying his motion to dismiss for lack of a speedy trial. We find no merit in the appellant\u2019s argument, and therefore affirm.\nThe following dates are relevant to appellant\u2019s speedy trial argument. On July 11, 1990, appellant was arrested by the Texarkana, Texas Police Department for the aggravated robbery charges in Miller County and for other charges filed in Bowie County, Texas. Appellant waived extradition to Miller County on October 18, 1990. He was charged with aggravated robbery in the Miller County Circuit Court on November 19, 1990. Appellant filed his motion to dismiss for lack of a speedy trial on July 8, 1991, and the trial judge denied the motion on July 18, 1991. Appellant\u2019s jury trial began on July 22, 1991.\nIn accordance with the appellant\u2019s constitutional right to a speedy trial, the state had twelve months from the time of the appellant\u2019s arrest to try him for the aggravated robbery offense. A.R.Cr.P. Rules 28.1(c) and 28.2(a). Once it is shown that the trial was scheduled to be held after the speedy trial period had expired, the state has the burden of showing that any delay was the result of the appellant\u2019s conduct or was legally justified by the excludable periods recognized in A.R.Cr.P. Rule 28.3. Glover v. State, 307 Ark. 1, 817 S.W.2d 409 (1991). Here appellant\u2019s trial on July 22, 1991 was eleven days outside the twelve month speedy trial period from his arrest on July 11, 1990.\nThe period of delay resulting from the unavailability of the defendant for trial is recognized as an excludable period. A.R.Cr.P. Rule 28.3(e). In fact, this court has placed the responsibility on the defendant to be available for trial. Horn v. State, 294 Ark. 464, 743 S.W.2d 814 (1988). We have held that an accused in prison in another state, for a different crime, must affirmatively request trial in order to activate the speedy trial rule. Gillie v. State, 305 Ark. 296, 808 S.W.2d 320 (1991); Dukes v. State, 271 Ark. 674, 609 S.W.2d 924 (1981). Here, the state showed that the appellant signed the waiver of extradition on October 18, 1990, thus he was unavailable for trial before this date. While the appellant argued during the hearing on his motion to dismiss that he had tried to waive extradition several times before October 18 and had given notice that he wanted transferred to Arkansas, we find no evidence of this fact in the record. Thus, appellant\u2019s speedy trial period did not begin to run until he waived extradition on October 18, 1990, and his trial on July 22, 1991 was well within the twelve month speedy trial period.\nFor the reasons stated above, we affirm the trial court\u2019s denial of the appellant\u2019s motion to dismiss for lack of a speedy trial.\nThe state contends that the actual arrest date was July 12, 1990, but uses the July 11 date in addressing the appellant\u2019s argument. Likewise, we will use the July 11 date in calculating the speedy trial period.",
        "type": "majority",
        "author": "Tom Glaze, Justice."
      }
    ],
    "attorneys": [
      "Ronald & Marc Chaufty, for appellant.",
      "Winston Bryant, Att\u2019y Gen., by: Clint Miller, Senior Asst. Att\u2019y Gen., for appellee."
    ],
    "corrections": "",
    "head_matter": "Ricky W. WHITE v. STATE of Arkansas\nCR 92-277\n833 S.W.2d 771\nSupreme Court of Arkansas\nOpinion delivered July 6, 1992\nRonald & Marc Chaufty, for appellant.\nWinston Bryant, Att\u2019y Gen., by: Clint Miller, Senior Asst. Att\u2019y Gen., for appellee."
  },
  "file_name": "0200-01",
  "first_page_order": 238,
  "last_page_order": 240
}