SUPREME COURT OF ARKANSAS
No. CR 05-1257
TRAVIS WAYNE DAVIS, JR.,
APPELLANT;
VS.
STATE OF ARKANSAS,
APPELLEE;
Opinion Delivered SEPTEMBER 28, 2006
APPEAL FROM THE LONOKE COUNTY
CIRCUIT COURT, SECOND DIVISION; NO. CR-
04-262;
HON. LANCE LAMAR HANSHAW, JUDGE;
AFFIRMED.
DONALD L. CORBIN, Associate Justice
Appellant Travis Wayne Davis, Jr., appeals the judgment and commitment order of
the Lonoke County Circuit Court convicting him of (1) manufacturing a controlled substance,
methamphetamine; (2) possession of a controlled substance, methamphetamine, with intent
to deliver; (3) possession of drug paraphernalia with intent
to manufacture
methamphetamine; (4) possession of drug paraphernalia; (5) possession of a controlled
substance, marijuana, third offense; and (6) maintaining a drug premises. Appellant filed a
conditional plea of guilty pursuant to Ark. R. Crim. P. 24.3(b), whereby he reserved his right
to appeal from the circuit court’s denial of his motion to suppress evidence seized during the
nighttime search of his business. Appellant was sentenced to 120 months’ imprisonment on
each, to run concurrently. On appeal, Appellant argues that the circuit court erred in denying
his motion to suppress because (1) the judge who signed the search warrant was not a neutral
and detached magistrate due to his concurrent position as an Assistant Attorney General for
the State of Arkansas, and (2) the good-faith exception, enumerated in United States v. Leon,
468 U.S. 897 (1984), does not apply when the affidavit for the search warrant did not recite
sufficient facts to warrant a nighttime search and the warrant does not make a finding to
A companion case, Davis v. State, CR06-91, is also decided this date.
1
justify a nighttime search. As this case involves an issue of first impression, our jurisdiction
is proper pursuant to Ark. Sup. Ct. R. 1-2(b)(1). We find no error and affirm.
1
Because Appellant does not challenge the sufficiency of the evidence to convict him,
it is not necessary to recite the facts in g