Hinton v. State, 2017 Ark. 207

Kenneth Hinton, an ADC inmate, was charged with first- and second-degree battery for injuries to ADC Warden Joe Page and Correctional Officer Stephen Simmons during a Varner Unit riot on October 28, 2012.
First trial (Dec. 14–15, 2014) ended in mistrial; retrial was ultimately held April 25–27, 2016; Hinton was convicted of both counts and sentenced to 30 and 15 years.
Multiple scheduling orders were entered in 2015 (October and November trial dates); Hinton moved to continue in October 2015 and a continuance was granted Nov. 19, 2015, resetting trial to April 2016.
Hinton moved to dismiss on speedy-trial grounds (arguing the State failed to try him within 12 months measured from the mistrial date); the circuit court denied the motion and tried the case April 25, 2016.
Hinton also moved to appear at trial in civilian clothing; the motion was denied and he was required to wear prison garb.
On appeal to the Arkansas Supreme Court Hinton raised (1) speedy-trial violation and (2) error in denying civilian clothing; the court affirmed the convictions.

Issue	Hinton's Argument	State's Argument	Held
Speedy trial — whether retrial complied with Ark. R. Crim. P. 28.1(b) after mistrial	Time began at mistrial (Dec. 15, 2014); multiple scheduling orders did not justify exclusion for >12 months; dismissal required	Time paused by defendant’s continuance motion (Oct. 9, 2015) and by the subsequent continuance order (Nov. 19, 2015); excluded periods bring elapsed time under 12 months	Affirmed: 199 days excluded for continuance; total nonexcluded time <12 months, no speedy-trial violation.
Prison garb — whether denying civilian clothes violated due process	Compelling prison clothing violated Estelle/constitutional presumption of innocence; error was not harmless and requires reversal	Hinton committed offenses while incarcerated; incarceration would be revealed at trial so garb caused no additional prejudice (harmless)	Affirmed: denial was not reversible error because crimes occurred in custody and jury would learn of incarceration; noted dissent would reverse.

Yarbrough v. State, 370 Ark. 31 (speedy-trial timing and de novo review of exclusion periods)
Dodson v. State, 358 Ark. 372 (defendant’s pending continuance motion time excluded)
Ferguson v. State, 343 Ark. 159 (State’s burden when trial exceeds speedy-trial period)
Miller v. State, 249 Ark. 3 (absent waiver, defendant not to be tried in prison garb)
Box v. State, 348 Ark. 116 (right to civilian clothing where incarceration is unrelated to charged offense)
Tucker v. State, 336 Ark. 244 (prison garb not reversible where charged offense occurred while incarcerated)
Williams v. State, 347 Ark. 728 (same — incarceration-related offenses render garb nonprejudicial)
Estelle v. Williams, 425 U.S. 501 (constitutional prohibition on compelling identifiable prison clothing; prejudice analysis)
Deck v. Missouri, 544 U.S. 622 (compelling visible restraints implicates necessity of essential state policy)