DUNCAN v. STATE

No. CR 90-177.

831 S.W.2d 115 (1992)

309 Ark. 218

Samuel DUNCAN, Appellant, v. STATE of Arkansas, Appellee.

Supreme Court of Arkansas.

May 4, 1992.


Attorney(s) appearing for the Case

Jeff Rosenzweig, Little Rock, for appellant.

Olan W. Reeves, Asst. Atty. Gen., Little Rock, for appellee.


HOLT, Chief Justice.

The appellant, Samuel Duncan, was charged with capital felony murder in the shooting death of Pine Bluff police officer John Fallis on March 4, 1985. At Duncan's first trial, he was convicted and sentenced to death by lethal injection. We reversed and remanded on the basis that his confession was inadmissible for two reasons: 1) the lack of an effective waiver of his rights, and 2) the State's failure to bring him before a magistrate for a prompt...

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