Travis Wayne Davis, Jr. v. State of Arkansas

367 Ark. 341 (2006) (Ark. 2006) · Supreme Court of Arkansas · September 28, 2006 · No. CR 06-91

Summary

The Supreme Court of Arkansas affirmed the denial of Travis Wayne Davis, Jr.'s motion to suppress items seized during a nighttime search of his business. The court held that Davis failed to prove that the issuing judge was not a neutral and detached magistrate, despite the judge's prior recusal from Davis's cases because Davis's son had been charged with burglarizing the judge's home. The court concluded that the record did not demonstrate actual bias or an inability to determine probable cause impartially.

Holdings

  1. A judge's prior recusal from the defendant's cases, undertaken to avoid an appearance of impropriety, does not by itself establish that the judge was not neutral and detached when later issuing a search warrant.

Questions Presented

  1. Whether a search warrant is invalid because the issuing judge had previously recused from the defendant's cases due to a possible appearance of impropriety.
  2. Whether Davis established that the issuing judge was not a neutral and detached magistrate or was actually biased when issuing the warrant.

Disposition

affirmed

Cases Cited (12)

  • Dickinson v. State, 367 Ark. 102, 238 S.W.3d 125 (2006)(followed)
  • Shadwick v. City of Tampa, 407 U.S. 345, 92 S. Ct. 2119, 32 L. Ed. 2d 783 (1972)(followed)
  • Connally v. Georgia, 429 U.S. 245, 97 S. Ct. 546, 50 L. Ed. 2d ' (1977)(followed)
  • Coolidge v. New Hampshire, 403 U.S. 443, 91 S. Ct. 2022, 29 L. Ed. 2d 564 (1971)(followed)
  • Stewart v. State, 289 Ark. 272, 711 S.W.2d 787 (1986)(distinguished)
  • Starr v. State, 297 Ark. 26, 759 S.W.2d 535 (1988)(distinguished)
  • Echols v. State, 326 Ark. 917, 936 S.W.2d 509 (1996)(distinguished)
  • State v. McBride, 187 Wis. 2d 409, 523 N.W.2d 106 (Wis. Ct. App. 1994)(followed)
  • Perroni v. State, 358 Ark. 17, 186 S.W.3d 206 (2004), cert. denied, 543 U.S. 1150, 125 S. Ct. 1317, 161 L. Ed. 2d 112 (2005)(followed)
  • Holder v. State, 354 Ark. 364, 376, 124 S.W.3d 439, 447-48 (2003)(followed)

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