Hurst v. State
| Decision Date | 10 October 1988 |
| Docket Number | No. CR,CR |
| Parties | James Edward HURST, Appellant, v. STATE of Arkansas, Appellee. 88-63. |
| Court | Arkansas Supreme Court |
Thomas J. O'Hern, Little Rock, for appellant.
Olan Reeves Asst. Atty. Gen., Little Rock, for appellee.
James Edward Hurst was convicted of first degree murder and sentenced to life in prison. He shot his father four times with a .22 pistol at his father's mobile home in southwest Little Rock. Hurst was present when police arrived on the scene. He stated that two men had entered the trailer, fired shots and left in a Camaro. The next day when police questioned him further, he broke down and confessed to killing his father.
Three arguments are made on appeal. Hurst claims first that he confessed before he was advised of his Miranda rights; second, that the Miranda warning eventually given was defective; and finally, that his confession was not voluntarily given. We find no merit in any of these arguments and affirm the trial court's decision to admit the confession into evidence.
At the suppression hearing, Detective Ivan Jones disputed Hurst's claim that he incriminated himself before the Miranda warnings were given. Hurst had been brought to the station to go over his witness statement made the previous day. After briefly questioning Hurst, Jones was convinced the statement was untrue. He then informed Hurst he was a suspect and called in another officer to witness the Miranda warnings. According to Jones, Hurst did not confess before his rights were read to him.
We will not disturb the trial court's ruling on this point. Detective Jones disputed the appellant's version of what occurred. This is a matter of credibility that is best determined by the trial judge. Jones v. State, 296 Ark. 135, 752 S.W.2d 274 (1988).
The rights form used by the officers in this case contained the same defect as the form in Mayfield v. State, 293 Ark. 216, 736 S.W.2d 12 (1987), cert. denied, 485 U.S. 905, 108 S.Ct. 1076, 99 L.Ed.2d 235 (1988), in that it did not adequately convey to the indigent accused his right to have counsel free of charge. Hurst was crying as his rights were being read to him. He expressed fear that his family would not help him. Detective Fulks, the other officer present when the warning was given, testified that he told Hurst He also told Hurst "if the family would not hire him an attorney, and they couldn't afford one ... the state would appoint a public defender."
The trial judge found that these statements by Detective Fulks were sufficient to advise Hurst of his right to appointed counsel. We agree. In Mitchell v. State, 295 Ark. 341, 750 S.W.2d 936 (1988), we held that a similar deficiency in a rights form was cured when an...
To continue reading
Request your trial
-
Addison v. State
...and will reverse only if the trial court's findings are clearly against the preponderance of the evidence. Hurst v. State, 296 Ark. 448, 757 S.W.2d 558 (1988); McDougald v. State, 295 Ark. 276, 748 S.W.2d 340 (1988); Scherrer v. State, 294 Ark. 227, 742 S.W.2d 877 (1988). The burden is on t......
-
Ray v. State
...the circumstances and reverse only if the trial court's finding is clearly against the preponderance of the evidence." Hurst v. State, 296 Ark. 448, 757 S.W.2d 558 (1988); Scherrer v. State, 294 Ark. 287, 742 S.W.2d 884 (1988). The credibility of the witnesses who testify to the circumstanc......
-
Durham v. State
...the circumstances and reverses only if the trial court's finding is clearly against the preponderance of the evidence. Hurst v. State, 296 Ark. 448, 757 S.W.2d 558 (1988). When a statement has been induced by a false promise of reward, the confession is not voluntary. Hamm v. State, 296 Ark......
-
Walker v. State, CR
...the circumstances and reverse only if the trial court's finding is clearly against the preponderance of the evidence." Hurst v. State, 296 Ark. 448, 757 S.W.2d 558 (1988); Scherrer v. State, 294 Ark. 287, 742 S.W.2d 884 The sheriff's remark that he would try to find the missing money box ha......