Jimenez v. State
2010 Ark. App. 804
| Ark. Ct. App. | 2010Background
- Jimenez charged by information with rape, kidnapping, aggravated assault, and endangering the welfare of a minor; enhancements for presence of a minor.
- Convicted on all charges; sentenced to 15 years for rape and 20 years for kidnapping, to run consecutively, with other sentences running concurrently.
- Appeal argues: (1) custodial confession tainted after invoking right to counsel; (2) Batson-related juror reseating issue; (3) denial of pretrial mental health evaluation.
- Jimenez gave custodial custodial custodial custodial statement during Spanish-interview; interrogation translated; he asked for a lawyer during questioning.
- Trial court denied mental-health evaluation; court held improper timing; court allowed case to proceed; Court reverses on first and third issues and remands for new trial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the confession voluntary after Jimenez invoked counsel? | Jimenez clearly invoked right to counsel. | Failure to provide counsel rendered confession involuntary. | Yes, confession suppressed; error remediable. |
| Was the request for a pretrial mental-health evaluation properly handled? | Statute mandates immediate suspension and evaluation upon notice. | Notice was untimely but needed continuance allowed. | Yes, trial must be suspended and evaluation held; remand. |
| Should the Batson issue be decided given other reversals? | State’s Batson challenge should be resolved. | Batson issue necessary to address. | Not reached; court reverses on other grounds. |
| Did failure to suspend proceedings upon notice of mental-defense defeat the defense? | Statute requires immediate suspension. | Timing should not prejudice the defense. | Not applicable; merged with mental-health evaluation issue. |
| Whether the denial of the mental-health evaluation requires reversal? | Defense entitled to evaluation. | Evaluation not mandatory if lack of credibility. | Yes; reversal and remand for new trial. |
Key Cases Cited
- Clark v. State, 374 Ark. 292 (Ark. 2008) (voluntariness standard; de novo review; totality of circumstances)
- Vidos v. State, 367 Ark. 296 (Ark. 2006) (right to counsel must be honored; interrogation stops until counsel present)
- Whitaker v. State, 348 Ark. 90 (Ark. 2002) (clarity of invocation of rights; equivocal responses need not halt interrogation)
- Holden v. State, 289 S.W.3d 125 (Ark. App. 2008) (statutory requirement of immediate suspension upon notice; impact on defense)