Cummings v. State
2017 Ark. App. 573
| Ark. Ct. App. | 2017Background
- On May 3, 2015, Cummings (passenger in a Ford Mustang) engaged in a high-speed chase and fired a gun at pursuing police; two police cars were struck. He fled, fell, was apprehended, examined at a hospital, and taken to the police station.
- At the station he waived Miranda rights (signed the form) and gave an interview admitting he shot at officers and identifying where he had thrown a bag containing methamphetamine.
- Cummings was charged by information with multiple felonies (including two counts of attempted capital murder with a firearm enhancement and drug-related offenses); a jury convicted him and he received an aggregate 160-year sentence.
- Cummings moved to suppress his custodial statement, arguing it was involuntary because he was beaten during arrest and at the hospital and because sleep deprivation, intoxication, and head injuries rendered him incapable of knowingly waiving Miranda rights.
- The suppression hearing involved conflicting testimony: officers described a voluntary, coherent waiver and interview (video recorded though the first ~16 minutes were lost); Cummings testified he was battered, confused, on drugs, and only vaguely remembered signing the waiver. The circuit court found the officers credible, reviewed the video, and denied suppression.
- Cummings also sought reduction of a $1,000,000 bond set at arraignment; after a hearing the court denied relief. On appeal he argued the statement should have been suppressed and the bond was excessive; the Court of Appeals affirmed on both points.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of custodial statement (Miranda waiver) | Cummings: statement involuntary; beaten by police and at hospital; impaired by head injury, sleep deprivation, and drugs so incapable of valid waiver | State: Cummings failed to preserve coercion claim; officers testified waiver and interview were voluntary and coherent; circuit court credited officers | Court affirmed denial of suppression—deferred to circuit court credibility findings and, on independent review, concluded waiver was voluntary under totality of circumstances |
| Preservation of coercion claim | Cummings: coercion rendered statement involuntary | State: coercion argument not raised below; no ruling preserved | Court noted coercion argument was not preserved and relied on conflicting testimony resolved for officers |
| Capacity due to injury/intoxication | Cummings: head injury/sleep deprivation/intoxication prevented knowing waiver | State: no medical evidence; officers testified Cummings coherent; court viewed video | Court found no clear error in credibility findings; waiver knowing and voluntary; suppression denial affirmed |
| Challenge to $1,000,000 bond | Cummings: bond excessive, court failed to apply Rule 8.5/9.2 factors; indigent status ignored; exceptions to mootness apply | State: bond decision discretionary; appellant failed to seek timely writ of certiorari; issue moot after conviction | Court held bond issue abandoned/moot because Cummings waited until after conviction and did not seek timely certiorari; affirmed bond decision |
Key Cases Cited
- Bell v. State, 371 Ark. 375 (voluntariness presumption and State burden to prove custodial statement voluntary)
- Grillot v. State, 353 Ark. 294 (appellate standard: independent review of voluntariness; circuit court factual findings reviewed for clear error)
- Clark v. State, 374 Ark. 292 (independent determination of voluntariness with deference to circuit court fact findings)
- Flanagan v. State, 368 Ark. 143 (factors for determining whether a Miranda waiver is voluntary, knowing, and intelligent)
- Shields v. State, 357 Ark. 283 (credibility determinations at suppression hearings are for the circuit court)
- Mun. Ct. of Huntsville v. Casoli, 294 Ark. 37 (setting of bond rests within circuit court discretion)
- Irvin v. State, 345 Ark. 541 (appropriate remedy to review bail decisions is a writ of certiorari; failure to seek timely writ abandons issue)
- Trujillo v. State, 2016 Ark. 49 (reiterating certiorari/mootness principles for post-conviction challenges to bond)