See Walton v. State, ___ Ark. App. ___, ___ S.W.3d ___ (Feb. 15, 2006); Walton v.
State, CACR 03-395 (Ark. App. June 29, 2005) (not designated for publication); Walton
v. State, CACR 03-395 (Ark. App. Jan. 12, 2005) (not designated for publication);
Walton v. State, CACR 03-395 (Ark. App. June 30, 2004) (not designated for
ARKANSAS COURT OF APPEALS
NOT DESIGNATED FOR PUBLICATION
WENDELL L. GRIFFEN, JUDGE
May 31, 2006
JEFF T. WALTON
AN APPEAL FROM HOWARD
COUNTY CIRCUIT COURT
HON. CHARLES A. YEARGAN, JUDGE
STATE OF ARKANSAS
A Howard County jury convicted appellant Jeff Walton of delivery of crack cocaine
and sentenced him to 360 months in the Arkansas Department of Correction. After four
attempts to submit a no-merit brief, his attorney filed an adversarial brief arguing that the
trial court erred in not suppressing appellant’s statement to the police. Specifically, he
contends that the statement should have been suppressed because the State failed to produce
a material witness or explain said witness’s absence. He also contends that the statement
should have been suppressed because its prejudicial effect far outweighed its probative value.
Factual and Procedural History
At a pre-trial hearing, appellant moved to suppress a statement that he made to the
police. Officer Sedric Reed of the Arkansas State Police testified that he, appellant, and
Special Agent Joseph Beavers were sitting in a secured area in the Howard County Jail.
Officer Reed stated that he attempted to record the interview; however, appellant did not
want him to do so. He did not press the issue of recording the interview because appellant
was being cooperative. Appellant did not want to write out the statement; so, Officer Reed
wrote it for him. Officer Reed testified that he could not write down everything that
appellant said and that the statement was a summation of the high points of the interview.