DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
191132P.pdf 08/27/2020 Pamela Green v. Charles Byrd
U.S. Court of Appeals Case No: 19-1132
U.S. District Court for the Eastern District of Arkansas - Helena
[PUBLISHED] [Melloy, Author, with Erickson and Kobes, Circuit Judges]
Civil case - Civil rights. Plaintiff asserted defendant deprived him of
his right to a prompt first appearance on his criminal charges and argued
that if he did receive a first appearance it was in separate county or
judicial district from the one in which he was arrested and did not
constitute a valid first appearance; Arkansas law provides that any
Arkansas district court may perform pretrial functions as necessary and
authorized by the Arkansas Rules of Criminal Procedure; as such, the
district judge in the separate district had jurisdiction and authority to
conduct the first appearance, and plaintiff's Fourth Amendment claim
fails; the district court did nor abuse its discretion in allowing
defendant to submit newly discovered evidence establishing the fact of the
first appearance after it initially could not find a record of the
appearance.