90 results for 'court:"Arkansas Supreme Court"'.
J. Hudson finds the trial court properly convicted defendant for the murder of his 3-year-old son. Evidence, including a text exchange between he and the mother of the child in which defendant told her "You’re not getting my son...I got him from now on,” and a subsequent autopsy that revealed injuries that had occurred within the time defendant had the child, support his conviction. Affirmed.
Court: Arkansas Supreme Court, Judge: Hudson , Filed On: February 15, 2024, Case #: CR-22-590, Categories: Evidence, Murder, Threats
J. Baker finds the trial court properly convicted defendant for murder based on sufficient evidence. After the victim's friend had received a text from the victim saying "this man is trying to kill me," he was found stabbed 11 times. Defendant, who is blind, fails to support his claim he was grabbed from behind and did not know who he was stabbing. Affirmed.
Court: Arkansas Supreme Court, Judge: Baker , Filed On: February 15, 2024, Case #: CR-23-411, Categories: Evidence, Murder
J. Kemp finds the trial court properly convicted defendant for capital murder. An eyewitness saw defendant run from the area where the shooting took place and investigators recovered evidence from the residence where he hid, including ammunition, gunshot residue and the victim's DNA. All evidence supports the conviction, defendant's right to a speedy trial was not violated, and the prosecution gave valid, race-neutral reasons for exercising peremptory strikes of jurors. Affirmed.
Court: Arkansas Supreme Court, Judge: Kemp , Filed On: February 8, 2024, Case #: CR-23-342, Categories: Evidence, Jury, Murder
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
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J. Rosen finds a lower court properly dismissed a defendant's motion for recusal to change judges. The defendant, who was charged with two counts of attempted first- degree murder and one count of conspiracy to commit murder, argued that he was entitled to an order of recusal against a judge who he believed was biased against him. However, the State presented sufficient evidence in court that a judge is not obligated to recuse himself when a defendant alleges bias for feeling "belittled or threatened" during proceedings. Affirmed.
Court: Arkansas Supreme Court, Judge: Rosen, Filed On: February 2, 2024, Case #: 123097, Categories: Murder, Conspiracy
Per curiam, the Supreme Court of Kansas finds the attorney disciplinary administrator properly imposed 12 months probation on a real estate attorney for professional conduct violations. The attorney argued that he may have misplaced funds on behalf of a client seeking adoption. However, the state presented sufficient evidence in court that the attorney violated safekeeping property rules by accepting a flat fee to complete an adoption process without disclosing where the money went. Affirmed.
Court: Arkansas Supreme Court, Judge: Per curiam, Filed On: February 2, 2024, Case #: 126012, Categories: Attorney Discipline
J. Hiland finds the court of appeals improperly reversed the trial court's defendant's convictions for DWI and refusal to submit to testing after his arrest for being passed out drunk in his vehicle on the side of the road. The arresting officer testified he had difficulty awakening defendant, who eventually referred to the officer as "mom." The officer smelled alcohol and saw other signs of defendant's intoxication. No abuse of discretion is found in the court's denying a mistrial where defense opened the door to allegedly prejudicial statements about defendant's blood alcohol level or where the possible prejudice could have been cured by an admonition to the jury. Vacated.
Court: Arkansas Supreme Court, Judge: Hiland, Filed On: February 1, 2024, Case #: CR-22-452, Categories: Evidence, Dui, Jury Instructions
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. Hudson finds the trial court properly convicted defendant for first-degree murder based on sufficient evidence. The fiancé of the victim testified that defendant, during an altercation at the victim's house, hit the victim with a baseball bat, and returned to the home several times while carrying a gun. Defendant shot the victim at a party soon after. Affirmed.
Court: Arkansas Supreme Court, Judge: Hudson , Filed On: January 18, 2024, Case #: CR-22-615, Categories: Evidence, Murder, Due Process
J. Wood finds the trial court properly convicted defendant for rape, introduction of a controlled substance into the body of another and tampering based on sufficient evidence. Though the victim and defendant had previously been in a consensual relationship, this evidence was properly denied as irrelevant. All evidence presented shows that defendant injected the victim with ketamine and had sex with her while she was physically helpless. He then encouraged her to recant statements made to the police. Affirmed.
Court: Arkansas Supreme Court, Judge: Wood , Filed On: January 18, 2024, Case #: CR-22-418, Categories: Evidence, Sex Offender, Obstruction
J. Webb finds the trial court properly convicted defendant for two counts of rape, sentencing him to life in prison. Defendant was convicted for raping his granddaughters repeatedly between 1993 and 2003, when the girls were under the ages of 14, and claims the conviction is barred by the statute of limitations. The crimes were reported well after their commission. Charges would be time-barred only if the crimes had been reported before the General Assembly amended the relevant section of law extending the period of limitations. Affirmed.
Court: Arkansas Supreme Court, Judge: Webb , Filed On: January 18, 2024, Case #: CR-23-265, Categories: Sex Offender, Due Process, Child Victims
J. Webb finds the circuit court improperly awarded damages to the homebuyer in connection with drainage and mold issues following a real estate deal. The circuit court awarded the damages based on a breach of contract, but the buyer alleged only fraud and deceit, not breach of contract. Vacated.
Court: Arkansas Supreme Court, Judge: Webb , Filed On: December 21, 2023, Case #: CV-20-265, Categories: Fraud, Property, Damages
J. Baker finds the trial court properly convicted defendant for murder, aggravated residential burglary, a terroristic act and terroristic threatening based on sufficient evidence. The victim's minor children informed a neighbor their mother had been shot during a home invasion robbery. Investigators found the victim had been shot 10 times, along with damage to the home including bullet holes in the walls and floors of the children's bedroom. The children and another witness identified defendant in various photo lineups. Affirmed.
Court: Arkansas Supreme Court, Judge: Baker , Filed On: December 14, 2023, Case #: CR-22-619, Categories: Murder, Robbery, Terrorism
J. Kemp finds the trial court properly convicted defendant for murder, battery, possession of drugs with the purpose to deliver, simultaneous possession of drugs and firearms by a felon and fleeing. While fleeing from police, defendant crashed into another vehicle, causing the vehicle to catch fire and kill one of the occupants. Defendant had the culpable intent to commit the crime of felony fleeing, which supports the murder conviction. Affirmed.
Court: Arkansas Supreme Court, Judge: Kemp , Filed On: December 14, 2023, Case #: CR-22-696, Categories: Murder, Escape, Battery
J. Hudson finds the trial court properly convicted defendant for three counts of rape based on sufficient evidence. A minor child testified defendant, his babysitter, ordered the child to put his penis in his mouth, telling him not to reveal the event to anyone. Two years later, when the family moved, the child told his mother, who notified police. Evidence of defendant's prior sexual conduct with two other witnesses when they were minors was properly allowed under the pedophile exception and was not more prejudicial than probative. Affirmed.
Court: Arkansas Supreme Court, Judge: Hudson , Filed On: December 14, 2023, Case #: CR-23-223, Categories: Evidence, Sex Offender, Child Victims
J. Wood finds the circuit court properly denied defendant's petition for post-conviction relief from his conviction for multiple drug-related felonies. The presence of an HBO documentary film crew during the search of defendant's home did not violate rights against unreasonable search and seizure. Any questions as to the legality of the film crew's presence would not render the judgment void. Counsel pursued evidence suppression and claims of ineffective assistance are not supported. Affirmed.
Court: Arkansas Supreme Court, Judge: Wood, Filed On: December 7, 2023, Case #: CR-23-160, Categories: Drug Offender, Evidence, Search
J. Webb finds the circuit court properly denied defendant's petition for a writ of mandamus or prohibition. Defendant was convicted after the annotation of a cited code eliminating parole eligibility for violent offenders, and defendant's prior offenses of armed robbery and home invasion support application of the code. Affirmed.
Court: Arkansas Supreme Court, Judge: Webb , Filed On: December 7, 2023, Case #: CV-23-284, Categories: Parole, Sex Offender
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
J. Webb finds the trial court properly convicted defendant for first-degree murder, aggravated residential burglary and second-degree battery based on sufficient evidence. The 11-year-old daughter of a resident testified she was sleeping when defendant kicked in the door, following which she heard gunshots and screaming. Her father sustained a head wound and another resident was shot and killed. Other witnesses corroborated the testimony and evidence was found being held by defendant's associates, including the gun used in the shooting. Affirmed.
Court: Arkansas Supreme Court, Judge: Webb , Filed On: December 7, 2023, Case #: CR-23-102, Categories: Evidence, Murder, Assault
J. Hiland finds the trial court properly convicted defendant for first-degree murder and sentenced him to life imprisonment. After defendant learned his sister had accused his best friend of raping her, he shot the friend multiple times, killing him. Defendant admitted this to his wife and was arrested after requesting a lawyer through his squad leader in the Arkansas National Guard. The record has been examined for all objections, motions, and requests made by either party decided adversely to him and no prejudicial error is found. Affirmed.
Court: Arkansas Supreme Court, Judge: Hiland , Filed On: December 7, 2023, Case #: CR-23-72, Categories: Evidence, Murder, Due Process
J. Kemp finds the circuit court properly denied defendant's petition for declaratory judgment and a writ of mandamus. Defendant pleaded guilty to all charges, including his habitual-offender status. Because no right to declaratory judgment exists, there is no basis for the writ. Affirmed.
Court: Arkansas Supreme Court, Judge: Kemp , Filed On: December 7, 2023, Case #: CV-23-300, Categories: Robbery, Theft, Plea
J. Wood finds the circuit court properly dismissed defendant's petition for a writ of habeas corpus challenging his conviction as a habitual offender for rape and aggravated robbery. Because defendant pleaded guilty and does not argue the convictions are invalid, the claims fall outside the scope of a writ of habeas corpus. He challenges evidence sufficiency, which would require the court to ignore the guilty plea to examine the evidence of guilt. This is not cognizable in habeas proceedings. Affirmed.
Court: Arkansas Supreme Court, Judge: Wood , Filed On: November 30, 2023, Case #: CV-23-425, Categories: Habeas, Robbery, Sex Offender
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
Per curiam, the Arkansas Supreme Court amends certain rules of civil procedure regarding court procedure for filing involuntary dismissals via electronic methods rather than through the mail. The opinion also specifies that procedures for emergency relief will follow those outlined in rules for issuing temporary restraining orders unless applicable statute specifies another procedure.
Court: Arkansas Supreme Court, Judge: Per curiam, Filed On: November 16, 2023, Case #: 2023 Ark. 167, Categories: Civil Procedure, Judiciary
J. Wood dismisses this interlocutory appeal as moot. The appeal regards the court's vacating the lower court's certification of class for nursing home residents who allege the homes were understaffed, resulting in insufficient care. A majority of the court has already granted a writ of certiorari vacating class-certification because the order was entered before an order on pending motions to compel arbitration.
Court: Arkansas Supreme Court, Judge: Wood, Filed On: November 16, 2023, Case #: CV-23-95, Categories: Health Care, Tort, Due Process
J. Wood finds the circuit court properly ruled that the particular immunity sought by school district members applies to the state civil rights claims brought by the substitute teacher who says that her child was mistreated by a teacher at the school. The substitute was not allowed to work in the district after filing an ethics complaint, and brought state and federal claims against the district. State assertions of immunity must yield to the claims brought under federal civil rights law. Affirmed in part. Reversed and remanded in part. Motion to dismiss appeal denied. Motion for partial dismissal dismissed.
Court: Arkansas Supreme Court, Judge: Wood, Filed On: November 9, 2023, Case #: CV-22-143, Categories: Civil Rights, Employment, Immunity
J. Hudson, on review, grants the Masonic Lodge’s motion to dismiss the lodge member’s appeal of the circuit court’s dismissal of his complaint against it for failure to file a complete record. The lodge member seeks a writ of certiorari to complete the record. The court reporter’s statement as to the hearing’s being “short” did not indicate that she could prepare the transcript within 90 days. The reference was to the expected cost for the transcript, not the time it would take her to prepare it. This does not concur with the lodge member’s argument that an extension was unavailable because his ethical obligations prevented him from requesting one. He failed to obtain an extension or to demonstrate that he was unable to do so. The appeals court order is vacated. The lodge member’s motion for writ of certiorari to complete the record is denied. The lodge’s motion to dismiss the appeal is granted.
Court: Arkansas Supreme Court, Judge: Hudson, Filed On: November 9, 2023, Case #: CV-22-600, Categories: Evidence, Due Process