Griffin v. State

Supreme Court of Arkansas

Griffin v. State

760 S.W.2d 852, 297 Ark. 208, 1988 Ark. LEXIS 523

CourtSupreme Court of Arkansas

DecidedDecember 5, 1988

DocketCR 88-115

StatusPublished

Cited by16 cases

This text of 760 S.W.2d 852 (Griffin v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Griffin v. State, 760 S.W.2d 852, 297 Ark. 208, 1988 Ark. LEXIS 523 (Ark. 1988).

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Robert H. Dudley, Justice.

The appellant, a resident of Springdale, was arrested in Springdale, in Washington County, at 2:30 a.m. for driving while intoxicated and three related traffic offenses. He was taken to the Washington County jail in Fayetteville, where a gas chromatograph test was administered. He was then given a citation which directed him to appear in the Elkins Municipal Court for his trial. Elkins is also in Washington County, but about 18 miles from Springdale.

In the Elkins Municipal Court the appellant objected to venue based upon due process, equal protection, and Ark. Code Ann. § 16-85-201 (1987). The municipal court overruled the objections to venue and found the appellant guilty of all four charges. He then appealed to circuit court and, for his defense, relied upon error in the municipal court’s ruling. The circuit court provided him a trial de novo, and he was found guilty of the driving while intoxicated charge and one of the other misdemeanors. He now appeals to this Court and argues that the municipal court erred in its ruling. We find no basis for setting aside the circuit court’s judgments.

Even though the municipal court venue might have been erroneous, a point we do not reach, the applicable statute provides for an appeal to circuit court, where the accused is entitled to an entirely new trial, “as if no judgment had been rendered” in municipal court. Ark. Code Ann. § 16-96-507 (1987). The appellant does not question the fact that he received a fair trial, with proper venue, in circuit court — a trial that was not influenced or affected by what took place in the municipal court. Therefore, there is no basis for reversing the judgment of the circuit court. Killion v. City of Waldron, 260 Ark. 560, 542 S.W.2d 744 (1976).

An accused is not without a remedy when he is cited into a municipal court which he believes to be improper venue. In such a situation, the accused should seek a writ of prohibition in circuit court. A writ of prohibition will issue when a lower court without venue is about to act. Tucker Enterprises, Inc. v. Hartje, Judge, 278 Ark. 320, 650 S.W.2d 559 (1983); Beatty v. Ponder, Judge, 278 Ark. 41, 642 S.W.2d 891 (1982); International Harvester v. Brown, Judge, 241 Ark. 452, 408 S.W.2d 504 (1966); and Monette Road Improvement District v. Dudley, Judge, 144 Ark. 169, 222 S.W. 59 (1920).

Affirmed.

Holt, C.J., Hickman, and Newbern, JJ., dissent. Glaze, J., concurs.

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Robert H. Dudley, Justice.

The appellant, a resident of Springdale, was arrested in Springdale, in Washington County, at 2:30 a.m. for driving while intoxicated and three related traffic offenses. He was taken to the Washington County jail in Fayetteville, where a gas chromatograph test was administered. He was then given a citation which directed him to appear in the Elkins Municipal Court for his trial. Elkins is also in Washington County, but about 18 miles from Springdale.

In the Elkins Municipal Court the appellant objected to venue based upon due process, equal protection, and Ark. Code Ann. § 16-85-201 (1987). The municipal court overruled the objections to venue and found the appellant guilty of all four charges. He then appealed to circuit court and, for his defense, relied upon error in the municipal court’s ruling. The circuit court provided him a trial de novo, and he was found guilty of the driving while intoxicated charge and one of the other misdemeanors. He now appeals to this Court and argues that the municipal court erred in its ruling. We find no basis for setting aside the circuit court’s judgments.

Even though the municipal court venue might have been erroneous, a point we do not reach, the applicable statute provides for an appeal to circuit court, where the accused is entitled to an entirely new trial, “as if no judgment had been rendered” in municipal court. Ark. Code Ann. § 16-96-507 (1987). The appellant does not question the fact that he received a fair trial, with proper venue, in circuit court — a trial that was not influenced or affected by what took place in the municipal court. Therefore, there is no basis for reversing the judgment of the circuit court. Killion v. City of Waldron, 260 Ark. 560, 542 S.W.2d 744 (1976).

An accused is not without a remedy when he is cited into a municipal court which he believes to be improper venue. In such a situation, the accused should seek a writ of prohibition in circuit court. A writ of prohibition will issue when a lower court without venue is about to act. Tucker Enterprises, Inc. v. Hartje, Judge, 278 Ark. 320, 650 S.W.2d 559 (1983); Beatty v. Ponder, Judge, 278 Ark. 41, 642 S.W.2d 891 (1982); International Harvester v. Brown, Judge, 241 Ark. 452, 408 S.W.2d 504 (1966); and Monette Road Improvement District v. Dudley, Judge, 144 Ark. 169, 222 S.W. 59 (1920).

Affirmed.

Holt, C.J., Hickman, and Newbern, JJ., dissent. Glaze, J., concurs.

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760 S.W.2d 852, 297 Ark. 208, 1988 Ark. LEXIS 523, Counsel Stack Legal Research, https://law.counselstack.com/opinion/griffin-v-state-ark-1988.

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