McKinney v. State, 082819 ARCA, CR-18-546

Docket Nº:CR-18-546
Opinion Judge:LARRYD. VAUGHT, JUDGE.
Party Name:KWASI ANDRADE MCKINNEY APPELLANT v. STATE OF ARKANSAS APPELLEE
Attorney:Davis Firm, PLLC, Michael L. Yarbrough, for appellant. Leslie Rutledge, Att'y Gen., Adam Jackson, Ass't Att'y Gen., for appellee.
Judge Panel:Gladwin and Brown, JJ., agree.
Case Date:August 28, 2019
Court:Court of Appeals of Arkansas
 
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2019 Ark.App. 347

KWASI ANDRADE MCKINNEY APPELLANT

v.

STATE OF ARKANSAS APPELLEE

No. CR-18-546

Court of Appeals of Arkansas, Division I

August 28, 2019

APPEAL FROM THE COLUMBIA COUNTY CIRCUIT COURT [NO. 14CR-16-35] HONORABLE DAVID W. TALLEY, JR., JUDGE.

Davis Firm, PLLC, Michael L. Yarbrough, for appellant.

Leslie Rutledge, Att'y Gen., Adam Jackson, Ass't Att'y Gen., for appellee.

LARRYD. VAUGHT, JUDGE.

Kwasi Andrade McKinney appeals the order entered by the Columbia County Circuit Court denying his motion to recuse. He argues that (1) there is a conflict in the law of judicial disqualification that requires clarification; (2) this court should change the standard of review in judicial-disqualification cases; (3) the circuit court was required to hold a hearing on his motion to recuse; and (4) the circuit court was required to recuse pursuant to Arkansas Code of Judicial Conduct Rule 2.11. We affirm.

This is the third time McKinney's case has been before this court. In his first appeal, McKinney challenged a sentencing order that convicted him of delivery of methamphetamine, possession of methamphetamine, maintaining a drug premises, simultaneous possession of drugs and a firearm, possession of methamphetamine with intent to deliver, and possession of a firearm by certain persons and sentenced him to a total of 154 years' imprisonment. McKinney argued in his first appeal that (1) there was insufficient evidence to support the convictions for simultaneous possession of drugs and a firearm and for possession of a firearm; (2) the circuit court abused its discretion by ordering the sentences to be served consecutively; and (3) the circuit court abused its discretion by denying his request for a pretrial suppression hearing.

On January 10, 2018, this court affirmed McKinney's convictions for delivery of methamphetamine and possession of methamphetamine. McKinney v. State, 2018 Ark.App. 10, at 9, 538 S.W.3d 216, 222. We reversed and remanded the remaining convictions holding that the circuit court abused its discretion in denying McKinney's motions to suppress his statement and the search of his home based on untimeliness and that the court abused its discretion in denying his request for a hearing on his motion to suppress his statement. Id. at 9-10, 538 S.W.3d at 222. We directed the circuit court on remand to rule on the merits of McKinney's motion to suppress search and to hold a hearing on the record for the limited purpose of considering the arguments and allegations in his motion to suppress statement. Id. at 10, 538 S.W.3d at 223.

On remand, the circuit held a suppression hearing. At the onset of the hearing, McKinney, who was...

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