Mendez v. State
Annotate this CaseA jury found Appellant Jose Mendez guilty of rape, attempted murder, aggravated residential burglary, and aggravated assault. Appellant, who spoke only Spanish, asserted that the circuit court erred in admitting the State's translation of a statement he gave to the police in Spanish because it was not prepared by a qualified certified translator as required by Ark. R. Evid. 1009. The circuit court ruled that the statement was admissible and that the translator's certification went to the weight, rather than the admissibility, of the statement. The Supreme Court reversed, holding (1) the State's translation should not have been admitted because not only was the State's translator uncertified, but the translator had taken and failed the certification exam; and (2) because the unqualified translation of Appellant's statement was introduced as an admission of guilt, the introduction of the translation was not harmless. Remanded.
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