¶1concurring. I join with the majority opinion in its result. To the extent that the majority relies on Colbert v. State, 304 Ark. 250, 801 S.W.2d 643 (1990), I believe that it is on track. However, I believe that Judge Roaf correctly identifies an inconsistency in our interpretation of Bat-son. At some point, our supreme court should address the divergent cases identified by Judge Roaf.
60 Ark. App. 42
MacKintrush v. State
Decided December 22, 1997
Court of Appeals of Arkansas · decided 1997-12-22
Cited by 2 later decisions — most recently December 1998
2 state decisions
Relies on Colbert v. State
Good law ✅— No negative treatment on recordhow we know
Decided 1997-12-22
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