Hinton v. State, 515 S.W.3d 121

Kenneth Hinton, an ADC inmate, was charged with first-degree and second-degree battery for injuring Warden Joe Page and Officer Stephen Simmons during an October 28, 2012 prison riot.
First trial (Dec. 14–15, 2014) ended in a mistrial; retrial was ultimately set for April 25, 2016.
Hinton filed a motion to continue an October/November 2015 setting; the continuance was granted by order entered November 19, 2015.
Hinton moved to dismiss for a speedy-trial violation on April 20, 2016; the circuit court denied the motion and trial proceeded April 25, 2016.
At trial the victims and eyewitnesses identified Hinton as striking the officers; Hinton was convicted of first- and second-degree battery and sentenced to 30 and 15 years respectively.
Hinton also moved to appear in civilian clothing; the court denied the motion because the charged offenses occurred while he was incarcerated in the ADC.

Issue	Hinton's Argument	State's Argument	Held
Speedy-trial dismissal after mistrial	Time between mistrial (Dec. 15, 2014) and retrial (Apr. 25, 2016) exceeded 12 months; scheduling confusion (two orders) meant the State failed to try him within the Rule 28.1 period	Periods of delay caused by Hinton’s Oct. 9, 2015 motion to continue (and the subsequent Nov. 19, 2015 continuance order) are excludable under Ark. R. Crim. P. 28.3; total nonexcluded time < 12 months	Affirmed: court found 298 nonexcluded days; no speedy-trial violation
Right to wear civilian clothing at trial	Box and Miller require civilian clothing absent waiver; Hinton did not waive; wearing prison garb prejudiced the jury against him	Tucker/Williams/Estelle: when the charged offenses occurred during incarceration, incarceration status would be revealed at trial, so prison garb adds nothing prejudicial; court’s denial was proper	Affirmed: court held prison garb harmless here because crimes occurred while incarcerated

Yarbrough v. State, 370 Ark. 31 (speedy-trial timing and de novo review)
Miller v. State, 249 Ark. 3 (defendant not to be forced to trial in prison garb absent waiver)
Tucker v. State, 336 Ark. 244 (no prejudice from prison garb when charged crimes occurred while incarcerated)
Williams v. State, 347 Ark. 728 (prison garb permissible where incarceration and crime-in-prison would be revealed at trial)
Box v. State, 348 Ark. 116 (defendant who was incarcerated for other offenses has right to civilian clothes absent waiver)
Estelle v. Williams, 425 U.S. 501 (Fourteenth Amendment prohibits compelling defendant to wear identifiable prison clothes)
Deck v. Missouri, 544 U.S. 622 (compelling prison restraints/clothing implicates fairness and requires essential state policy justification)