{
  "id": 3558142,
  "name": "Everett Doyle WELCH v. STATE of Arkansas",
  "name_abbreviation": "Welch v. State",
  "decision_date": "2005-09-29",
  "docket_number": "CR 05-266",
  "first_page": "377",
  "last_page": "378",
  "citations": [
    {
      "type": "official",
      "cite": "363 Ark. 377"
    },
    {
      "type": "parallel",
      "cite": "214 S.W.3d 259"
    }
  ],
  "court": {
    "name_abbreviation": "Ark.",
    "id": 8808,
    "name": "Arkansas Supreme Court"
  },
  "jurisdiction": {
    "id": 34,
    "name_long": "Arkansas",
    "name": "Ark."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 218,
    "char_count": 2611,
    "ocr_confidence": 0.747,
    "sha256": "4c42fb7ab511494e86779f56463d8fb8b3dd34a0d15ab48745dbf3e1c3b7981b",
    "simhash": "1:2f9d49b9058c9f60",
    "word_count": 449
  },
  "last_updated": "2023-07-14T22:29:41.293594+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Everett Doyle WELCH v. STATE of Arkansas"
    ],
    "opinions": [
      {
        "text": "Per Curiam.\nAppellant Everett Welch entered a negotiated guilty plea to one count of possession of methamphetamine with intent to deliver and was sentenced to twelve years\u2019 imprisonment in the Howard County Circuit Court. In accordance with Ark. R. Crim. P. 24.3(b), appellant\u2019s plea was conditional; therefore, he reserved the right to appeal from the circuit court\u2019s denial of his motion to suppress evidence. We decline to reach the merits of appellant\u2019s argument because he has failed to file a sufficient record for our review pursuant to Arkansas Rule of Appellate Procedure \u2014 -Civil 6.\nThe record reveals that on April 9, 2004, appellant filed a motion to suppress, arguing:\nThe search was not a valid consensual search in that the persons obtaining the alleged consent did not do so in writing and did not advise defendant Everett Doyle Welch that he did not have to consent to said search, and was not voluntary. Defendant Everett Doyle Welch further contends that the search conducted by law enforcement officers exceeded the consent requested of him and given by him. The search was not conducted pursuant to the issuance of a search warrant, and \u201cprobable cause\u201d or \u201creasonable suspicion\u201d did not exist for such a search, as required by the U.S. Constitution, Constitution of the State of Arkansas, or under Arkansas Rules of Criminal Procedure, and should be suppressed.\nAppellant\u2019s motion was heard on August 11, 2004. At the conclusion of the hearing, the circuit court stated:\nAccording to the old law ... the officers followed the law. In some jurisdictions, a search like this is illegal and you can\u2019t do it without getting consent in writing or having some reason to, but \u2014 and this new law applies to houses, but I want to read it and see if it should apply to automobiles before I make a ruling, but under the old law it was okay, but I want to see if there\u2019s been any changes and I will rule on it. Maybe Friday I might read it.\nThe record presented to this court does not contain a ruling on appellant\u2019s motion to suppress. In order to address appellant\u2019s arguments on appeal, we must have before us the circuit court\u2019s ruling. Accordingly, we order that the record on appeal be supplemented to include the circuit court\u2019s ruling on the motion to suppress within fifteen days of the issuance of this opinion. See Ark. R. App. P.-Civ. 6(e) (2005).",
        "type": "majority",
        "author": "Per Curiam."
      }
    ],
    "attorneys": [
      "Orvin W. Foster, for appellant.",
      "Mike Beebe, Att\u2019y Gen., by: David R. Raupp, Sr. Ass\u2019t Att\u2019y Gen., for appellee."
    ],
    "corrections": "",
    "head_matter": "Everett Doyle WELCH v. STATE of Arkansas\nCR 05-266\n214 S.W.3d 259\nSupreme Court of Arkansas\nOpinion delivered September 29, 2005\nOrvin W. Foster, for appellant.\nMike Beebe, Att\u2019y Gen., by: David R. Raupp, Sr. Ass\u2019t Att\u2019y Gen., for appellee."
  },
  "file_name": "0377-01",
  "first_page_order": 401,
  "last_page_order": 402
}