13 results for 'judge:"Womack "'.
J. Womack finds the trial court properly convicted defendant for aggravated residential burglary, theft of property and capital murder. Defendant murdered the owner of the house he was living in after the owner kicked him out for beating his estranged girlfriend. DNA evidence supports the conviction. The probative value of evidence of defendant's assault on his girlfriend, as related to his intent and motive, was not outweighed by the danger of unfair prejudice. Affirmed.
Court: Arkansas Supreme Court, Judge: Womack , Filed On: April 25, 2024, Case #: CR-23-400, Categories: Burglary, Murder, Assault
J. Womack finds the circuit court improperly denied the remaining plaintiffs-attorneys' petition for declaratory judgment. The attorneys, as officers of the court, seek to carry guns in court. As officers of the court, according to the clear language of amendment 80 of the Arkansas Constitution, the attorneys are allowed to carry guns in courthouses. The Arkansas Supreme Court distinguished courtrooms from courthouses because the General Assembly distinguished them in the section being interpreted, not considering courthouses and courtrooms the same. Courtroom-specific claims may proceed. Reversed in part.
Court: Arkansas Supreme Court, Judge: Womack , Filed On: April 18, 2024, Case #: CV-23-477, Categories: Constitution, Firearms, Attorney Discipline
J. Womack finds the county court properly denied defendant's petition for a writ of habeas corpus in connection with his robbery, domestic battery and other convictions. Defendant argues the county court lacked jurisdiction to deny his petition due to its failure to enter an order addressing his petition to proceed in forma pauperis. However, habeas proceedings do not require an extensive review of trial proceedings, the court's jurisdiction is valid and defendant fails to state a claim. Affirmed.
Court: Arkansas Supreme Court, Judge: Womack , Filed On: February 8, 2024, Case #: CV-22-684, Categories: Burglary, Habeas, Jurisdiction
J. Womack finds the trial court properly convicted defendant for murder based on sufficient evidence, including eyewitness testimony. The prosecution's mentioning that defendant went to the victim's home to recover his car, which was sold while he was in jail, implied a conviction for that offense. The prosecution was duly warned after the defense objected, and the statement does not support a mistrial. Affirmed.
Court: Arkansas Supreme Court, Judge: Womack , Filed On: January 25, 2024, Case #: CR-23-1, Categories: Evidence, Murder, Due Process
J. Womack finds the trial court properly convicted defendant for rape and sexual assault, sentencing him to life in prison. A series of accusations and law enforcement interviews led to defendant confessing to the rape of a developmentally challenged girl, the sexual assault of another, and the rape of two others. Defendant did not invoke his right to remain silent during the interviews, and the evidence was properly admitted. Arkansas rules of evidence state that evidence should not be excluded unless its probative value is outweighed by unnecessary repetition. Testimony of certain victims supported the confession and statements of other victims, contradicting defendant's claims they were lying. Affirmed.
Court: Arkansas Supreme Court, Judge: Womack , Filed On: December 7, 2023, Case #: CR-23-84, Categories: Evidence, Sex Offender
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J. Womack finds the trial court properly denied defendant's petition for leave to proceed in forma pauperis, for extraordinary writ, and to set aside and vacate his judgment on a guilty-plea conviction for sexual assault. Defendant's claims that his conviction resulted from a civil rights violation and his challenges to the sentencing go beyond the face of the judgment and do not implicate validity. His petition was also filed three years after entry of his guilty plea and is untimely. Affirmed.
Court: Arkansas Supreme Court, Judge: Womack , Filed On: November 30, 2023, Case #: CR-23-32, Categories: Habeas, Sex Offender
J. Womack finds the circuit court improperly denied the nursing center's motion to enforce arbitration and to compel class members to submit claims to arbitration. The court���s orders do not provide the rationale behind its decision, as required by the Arkansas Supreme Court's review of previous appeals, and the appeal cannot be properly reviewed. Due to the court���s failure to adhere to the court's instructions, the case is reassigned.
Court: Arkansas Supreme Court, Judge: Womack , Filed On: November 30, 2023, Case #: CV-23-340, Categories: Arbitration, Health Care, Class Action
J. Womack finds the trial court properly convicted defendant for capital murder, sentencing him to life in prison. Substantial evidence shows that defendant stabbed his ex-wife 45 times, leaving her deceased body on the bedroom floor while he showered, changed clothes and contacted his mother. The jury adequately heard and rejected defendant���s affirmative-defense argument regarding his mental state and alleged involuntary intoxication by his use of Wellbutrin. The number of wounds targeting the victim���s face, neck and chest indicates an intent that rises to premeditation or deliberation. Affirmed.
Court: Arkansas Supreme Court, Judge: Womack, Filed On: October 12, 2023, Case #: CR-22-821, Categories: Competence, Evidence, Murder
J. Womack finds the circuit court improperly dismissed the driver involved in a single car accident���s legal malpractice claim brought against the lawyers who represented her in a negligence suit brought against individuals and entities possibly responsible for the alleged negligence that led to the crash. The lawyers failed to properly serve the defendants, who then filed a successful motion to dismiss because the statute of limitations had run. The attorneys��� conduct amounts to fraud in this confidential or fiduciary relationship. The driver has pleaded sufficient facts to establish fraudulent concealment. Reversed and remanded.
Court: Arkansas Supreme Court, Judge: Womack, Filed On: October 12, 2023, Case #: CV-21-417, Categories: Fraud, Vehicle, Legal Malpractice
J. Womack finds the trial court improperly convicted defendant for murder, imposing a life sentence. Upon briefing, the Arkansas Supreme Court issued an order for a status report regarding the relevance of a conventionally filed physical disk submitted as an exhibit even though it contained no files. The parties jointly advocated remanding the case. The Arkansas Supreme Court expresses its responsibility to scrutinize the record for errors in cases resulting in life-imprisonment sentences. Remanded to settle the record.
Court: Arkansas Supreme Court, Judge: Womack, Filed On: September 28, 2023, Case #: CR-23-1, Categories: Murder, Sentencing, Due Process
J. Womack finds that the circuit court properly denied defendant's petition to correct allegedly illegal consecutive sentences imposed upon revocation of suspended sentences in eight separate cases regarding the fraudulent use of a credit card and theft. He violated the conditions of his suspension when convicted of forgery, commercial burglary, breaking or entering, and theft. Defendant was convicted as a habitual offender on multiple counts for which the felony class���s maximum term for a habitual offender is 15 years��� imprisonment. The consecutive terms of 60 months��� imprisonment for each offense are legal sentences. Affirmed.
Court: Arkansas Supreme Court, Judge: Womack , Filed On: September 21, 2023, Case #: CR-22-693, Categories: Fraud, Sentencing, Forgery
J. Womack, on review, finds the trial court properly convicted defendant for battery for a stabbing. The physician assistant who treated the victim testified that the wound extended to the layer of tissue that separates the skin from the muscles and tendons, which is substantial evidence that he suffered a serious physical injury. This sufficed to support a battery conviction. Jury trial scheduling weighed against granting defendant���s request to change counsel, particularly considering granted continuances. Affirmed.
Court: Arkansas Supreme Court, Judge: Womack, Filed On: June 8, 2023, Case #: CR-22-21, Categories: Evidence, Battery, Due Process
J. Womack finds the trial court properly convicted defendant for murder. Defendant was observed stabbing the victim by witnesses on a two-day long excursion involving the acquisition of drugs, firearms and owed money. The arrest was made and evidence was gathered with the help of the witnesses. Certain claims of error are not preserved and are subject to no exceptions. Defendant was not prevented from testifying about the victim���s past and self-defense instructions were properly given to the jury. All evidence was properly admitted, and defendant���s habitual offender status was properly applied at sentencing. Affirmed.
Court: Arkansas Supreme Court, Judge: Womack, Filed On: May 25, 2023, Case #: CR-22-498, Categories: Evidence, Murder, Sentencing