 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
BYRD v. STATE7/18/1994
Appellant Michael Wayne Byrd contends that Act 592 of 1993, now codified at Ark. Code Ann. 16-32-202 et seq. (Repl. 1994), violates the Arkansas Constitution because it permits a trial court to empanel a six-person jury for misdemeanor offenses. We agree with Byrd that Act 592 does violate Article 2, 7, of the Arkansas Constitution. We hold that the Act cannot stand, and we reverse and remand for a new trial.
On December 10, 1992, Byrd was arrested outside of Knob Hill after he was observed swerving from side to side and crossing the center line and charged with a misdemeanor, Driving While Intoxicated, first offense, under Ark. Code Ann. 5-65-103 (1987). He was subsequently tried in Prairie Grove Municipal Court and found guilty. He appealed to circuit court, and on September 16, 1993, a trial de novo was held. Before the trial began, the trial court announced that the appeal would be heard by a six-person jury to which Byrd objected on multiple grounds, including a denial of his right to a jury trial as contemplated under the Arkansas Constitution. The trial court overruled his objection, and the trial took place before six jurors. Byrd was again convicted of DWI, first offense, and sentenced as follows: ten days in jail, a fine of $150, court costs totaling $392.75, and a suspended drivers license for ninety days.
The paramount section of Act 592 at issue in this appeal is set out below:
(a)(1) The jurors for the trial of criminal prosecutions shall be selected and summoned as provided by law.
(2) Juries shall be composed of twelve (12) jurors.
(b) However, cases other than felonies may be tried, in the discretion of the trial court judge, by a jury of six (6) jurors.
Ark. Code Ann. 16-32-202 (Repl. 1994). Act 592 then goes on to describe the procedure for selecting juries of either twelve or six persons in misdemeanor cases, depending on what the trial court approves.
Prior to Act 592, subsection (a) of 16-32-202 was identical to subsection (a) of Act 592, but 16-32-202(b) read:
(b) However, cases other than felonies may be tried by a jury of less than twelve (12) jurors by agreement of the parties.
Ark. Code Ann. 16-32-202(b) (1987). (Emphasis added.) This statute allowing for a jury of less than twelve people "by agreement of the parties" had its genesis in the 19th century and was statutory law in Arkansas until the enactment of Act 592. See Code of Practice, 191, p. 302 (1869).
Article 2, 7 of the Arkansas Constitution establishes the inviolate right to trial by jury in this State. It provides in relevant part:
The right of trial by jury shall remain inviolate, and shall extend to all cases at law. . .; but a jury trial may be waived by the parties in all cases in the manner prescribed by law; and in all jury trials in civil cases, where as many as nine of the jurors agree upon a verdict, the verdict so agreed upon shall be returned as the verdict of such jury, provided, however, that where a verdict is returned by less than twelve jurors all the jurors consenting to such verdict shall sign the same.
Article 2, 7, represents two votes by the people of this State. The original section 7 was part of the 1874 Constitution ratified by vote of the people on October 13, 1874, and included the clauses stating that the right of trial by jury was inviolate and subject to waiver by the parties as prescribed by law. More than 50 years later, Amendment 16 added the clause relating to jury verdicts by nine jurors instead of twelve in civil cases. That amendment was adopted by a vote of the people on November 6, 1928.
Prior to the adoption of th
Page 1 2 3 4 5 Arkansas DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|