90 results for 'court:"Arkansas Supreme Court"'.
J. Kemp finds the trial court properly convicted defendant for capital murder and aggravated robbery, sentencing him to life without parole. Eyewitness accounts, including one from defendant’s girlfriend, reveal that defendant approached a man who purchased marijuana from him with allegedly counterfeit money. Defendant took money and certain possessions from the man as the victim approached. After a brief physical altercation, defendant shot the victim. Nearby security camera footage corroborates the testimony. All evidence supports conviction and the proposed defense of justification and a denied motion for mistrial are not preserved for review. Affirmed.
Court: Arkansas Supreme Court, Judge: Kemp, Filed On: November 2, 2023, Case #: CR-22-776, Categories: Evidence, Murder, Self Defense
J. Hiland finds the trial court properly convicted defendant for murder and aggravated assault on a law enforcement officer. Defendant was pulled over for running a stop sign, with his two-year-old daughter unsecured in the back seat. Cash cam footage shows that defendant did not have a license or registration and gave the officer false information. Another officer arrived and defendant was allowed to call the child’s mother, who later arrived. Defendant was detained on the ground after attempting to exit the vehicle and the mother choked one of the officers. Defendant retrieved a handgun from his vehicle and ran, with the shooting taking place outside the camera range. All evidence is sufficient to support the convictions. A psychiatric expert who provisionally diagnosed defendant with schizophrenia testified that he had the capacity to stand trial. Defendant’s motion for directed verdict was properly denied. Affirmed.
Court: Arkansas Supreme Court, Judge: Hiland, Filed On: November 2, 2023, Case #: CR-23-130, Categories: Competence, Murder, Assault
J. Hiland finds the circuit court properly found the gaming license issued to two entities void, as not having been issued in accordance with the Arkansas Constitution. The Cherokee business entity and a casino, both of which had their gaming license applications denied, were eventually issued a license together during a drawn-out and complex application and litigation process. The organizations are separate legal entities. The Arkansas Racing Commission acted ultra vires when issuing the license because the Cherokee entity had no pending application and the Arkansas Constitution specifically allows for a single applicant. Affirmed.
Court: Arkansas Supreme Court, Judge: Hiland, Filed On: October 26, 2023, Case #: CV-23-50, Categories: Constitution, Licensing, Native Americans
J. Hudson finds the trial court properly convicted defendant for capital murder. After the victim failed to show up for work, she was discovered in her house, dead from a gunshot wound. Defendant was stopped as a person of interest and a handgun purchased by the victim four days earlier was found in his vehicle. Forensic analysis revealed that it was the weapon used in the murder. Because a police officer can make an investigatory stop without violating the Fourth Amendment if he has reasonable suspicion the court properly denied defendant’s motion to suppress evidence from the stop. No prejudicial error is found. Affirmed.
Court: Arkansas Supreme Court, Judge: Hudson, Filed On: October 26, 2023, Case #: CR-22-651, Categories: Evidence, Murder, Search
J. Baker finds the trial court properly convicted defendant for murder. Defendant killed the victim with a machete after a night of drinking which ended in an altercation involving what defendant claims was the victim’s threat that he was going to “whip” defendant and steal his vehicle. The court properly declined to submit defendant’s proffered jury instruction on justification, submitting a modified version of the model instruction. Case law cited by defendant did not support his position, and the language from the model instruction, modified to include justification instructions, accurately stated the law. Affirmed.
Court: Arkansas Supreme Court, Judge: Baker, Filed On: October 26, 2023, Case #: CR-23-202, Categories: Evidence, Murder, Jury Instructions
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J. Wood finds the county court improperly certified this class action arising upon the medical group’s alleged violation of the Patient Right-To-Know Act by its failure to provide the terminated doctor with a list of his patients, or to inform the patients of the doctor’s new location. The predominance prerequisite was not satisfied. Being that not all of the doctor’s patients were affected, the court would have had to have made individual inquiries to determine whether the group failed to respond to any one patient’s request or if it misled patients. This was not done. Reversed and remanded.
Court: Arkansas Supreme Court, Judge: Wood, Filed On: October 26, 2023, Case #: CV-23-42, Categories: Civil Rights, Health Care, Class Action
J. Kemp finds the trial court properly convicted defendant for multiple counts of rape, sexual assault and sexual indecency with five victims between the ages of eight and 11, sentencing him to two life terms in prison. Forensic interview and examination of the victims supports the convictions. Statements made by one of the victims to a family friend about her parents trading the victims for sex and drugs and about the alleged sexual conduct between the girls, their father and their brother are highly inflammatory and outweigh any probative value regarding the victims’ sexual propensities. Affirmed.
Court: Arkansas Supreme Court, Judge: Kemp, Filed On: October 12, 2023, Case #: CR-22-461, Categories: Evidence, Sex Offender, Child Victims
J. Hiland finds the circuit court properly denied the citizens’ petition for declaratory judgment and writ of mandamus challenging the certification of a city council election won by an individual who had been notified that his name was missing from the list of registered voters and was not a “qualified elector” able to take office. Despite the absence of the candidate’s name from the voter list, he was a registered voter and therefore a “qualified elector.” The appeal is dismissed as moot.
Court: Arkansas Supreme Court, Judge: Hiland, Filed On: October 12, 2023, Case #: CV-23-183, Categories: Elections, Municipal Law
J. Webb finds the trial court properly convicted defendant for aggravated residential burglary, attempted murder, battery, breaking or entering, theft of a firearm and criminal impersonation of an FBI officer. Extensive evidence, including police body cam video and victim and police testimony, shows that defendant and an accomplice robbed a farmhouse and shot the owner in the neck. The jury was properly instructed on the use of certain transcripts. No prosecutorial misconduct is found as regards the alleged failure to disclose the publicly available guilty plea of the accomplice. Defendant was properly sentenced to terms amounting to over life in prison as a habitual offender with multiple enhancements. The Arkansas Supreme Court grants counsel’s motion to withdraw. Affirmed.
Court: Arkansas Supreme Court, Judge: Webb, Filed On: October 12, 2023, Case #: CR-23-22, Categories: Burglary, Evidence, Battery
J. Webb finds the circuit court improperly entered declaratory judgment in favor of the ballot-question committee saying that the emergency clause in the public-school reform “LEARNS Act” did not receive a separate roll-call vote, rendering it procedurally invalid. The circuit court ignored the record and relied on parol evidence of video recordings of proceedings to find that the General Assembly’s process is constitutionally infirm. The journals are the official record, and it was erroneous for the court to look to parol evidence. The constitution supports the adoption of the Act, and the validity of internal legislative procedures or whether it presents a political question need not be reviewed. Reversed and dismissed.
Court: Arkansas Supreme Court, Judge: Webb, Filed On: October 12, 2023, Case #: CV-23-468, Categories: Administrative Law, Constitution, Evidence
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
Per curiam, the Arkansas Supreme Court joins the Arkansas Access to Justice Commission in designating October as Access to Justice Month in recognition of contributions made by legal aid and pro bono attorneys and to encourage pro bono participation for the legal needs of low-income Arkansans. Participating attorneys are commended, and an email address is given as an informational resource.
Court: Arkansas Supreme Court, Judge: Per curiam, Filed On: October 5, 2023, Case #: 2023 Ark. 136, Categories: Administrative Law, Civil Procedure
J. Kemp finds the circuit court properly dismissed the prisoner’s petition for a writ of mandamus seeking entitlement to parole. The issue has been addressed by the Arkansas Supreme Court in a prior order affirming the circuit court’s denial of the same type of petition. Because petitioner pleaded guilty to rape committed in 1996, certain Arkansas Code applies addressing violent offender eligibility upon reaching regular eligibility, but only after a minimum age of 55. Though petitioner is 55, his eligibility is not within the purview of the trial court. Thus, no reference to the parole-eligibility statutes is listed in his judgment and commitment order. It is settled that the determination of eligibility is solely up to the corrections division, which has determined that the petitioner’s eligibility date is in 2037. Affirmed.
Court: Arkansas Supreme Court, Judge: Kemp, Filed On: September 28, 2023, Case #: CV-22-792, Categories: Parole, Sex Offender, Jurisdiction
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. Hudson finds the circuit court properly denied the inmate’s petition for declaratory judgment and mandamus challenging what he alleges is the Arkansas Department of Correction’s illegal change of his discharge date. The inmate was convicted for 10 felony offenses and was released on suspended sentence terms and returned to custody due to violations. A period where the inmate was missing from his residence and in the custody of mental-health facilities does not constitute time served. Affirmed.
Court: Arkansas Supreme Court, Judge: Hudson, Filed On: September 28, 2023, Case #: CV-22-702, Categories: Parole, Due Process
J. Hudson denies the juvenile offender’s petition for writ of certiorari or prohibition requesting relief after the circuit court denied his motions to dismiss the robbery, theft, drug possession and fleeing charges against him. The original charges were dismissed due to the state’s lack of readiness, but petitioner was arrested later on charges arising from the same conduct alleged in the dismissed juvenile-delinquency petition. Because there was no contemporaneous objection, the court did not commit an abuse of discretion by denying the motion to dismiss based on a speedy-trial violation. Petitioner did not argue that the time period between the filing of the first criminal information and his second arrest was not properly excluded from the speedy-trial calculation. His challenge to this particular period of time was not ruled on and is not preserved for review. Denied.
Court: Arkansas Supreme Court, Judge: Hudson, Filed On: September 28, 2023, Case #: CR-22-677, Categories: Drug Offender, Theft, Speedy Trial
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. Wood finds the circuit court properly denied defendant's petition to correct an allegedly illegal sentence for manslaughter and robbery after his convictions for murder, aggravated robbery, and aggravated assault were reversed on appeal. Defendant's use of a firearm and his status as a habitual offender enhanced his sentence on his guilty-plea conviction to manslaughter and robbery. His negotiated plea deal and agreement with the enhancements resulted in a sentence falling within the prescribed maximum. Affirmed.
Court: Arkansas Supreme Court, Judge: Wood , Filed On: September 21, 2023, Case #: CR-22-561, Categories: Robbery, Sentencing, Manslaughter
J. Webb finds the trial court properly denied defendant's pro se motion to vacate and dismiss the judgment and commitment order due to lack of jurisdiction regarding his conviction for attempting to furnish a prohibited article into the correctional facility where he was being held awaiting trial for murder. The time limit for filing a petition alleging that a sentence is illegal has been superseded by limitations set forth in Arkansas Rules of Criminal Procedure. The judgment was the result of a guilty plea, and so the petition had to be filed within 90 days of the date that the order was entered. The requirement was not met, and so the trial court did not clearly err when it found that no cause of action was stated. Affirmed.
Court: Arkansas Supreme Court, Judge: Webb , Filed On: September 21, 2023, Case #: CR-23-236, Categories: Smuggling, Plea, Jurisdiction
J. Hudson finds the county court improperly granted a temporary restraining order in this challenge to the validity of an emergency clause in the “LEARNS” Act as invalid and ineffective for failing to state facts sufficient to establish an emergency pursuant to the Arkansas Constitution, and its attempts to declare an emergency as to only some provisions rather than the Act as a whole. Fund expenditure claims under the transformation contract are monetary and not considered irreparable. Alleged harm from the nonrenewal of employment contracts and other related adverse effects can also be compensated by money damages or redressed in court. Reversed and remanded. Temporary restraining order vacated.
Court: Arkansas Supreme Court, Judge: Hudson, Filed On: June 15, 2023, Case #: CV-23-358, Categories: Constitution, Education, Contract
J. Baker, on review, finds the court of appeals improperly affirmed the trial court’s granting of the estate administrator’s motion to dismiss this suit arising from an auto accident between the plaintiff and the deceased, alleging negligence of the deceased. It is unclear that the complaint was time-barred pursuant to the general three-year statute of limitations rather than that set forth in the statute of nonclaim since the complaint had been filed against the estate of the deceased rather than an individual. Reversed and remanded. Court of appeals opinion vacated.
Court: Arkansas Supreme Court, Judge: Baker, Filed On: June 15, 2023, Case #: CV-21-521, Categories: Vehicle, Wills / Probate, Negligence
J. Hudson finds the circuit court properly denied the inmate’s petition for a writ of habeas corpus to reverse his 125-year prison sentence for possession of crack with intent to deliver. Defendant was charged as a habitual offender, putting the sentence within the authorized range. Defendant’s due process and trial error arguments do not implicate the validity of the judgment or the court’s jurisdiction. The circuit court did not clearly err in rejecting the petition. Affirmed.
Court: Arkansas Supreme Court, Judge: Hudson, Filed On: June 8, 2023, Case #: CV-22-662, Categories: Drug Offender, Habeas, Sentencing
J. Kemp denies Monsanto’s petition for any supervisory writ preventing the circuit court from allowing deposition of the chief executive officer of Bayer AG, Monsanto’s parent corporation and a German citizen, saying it acted beyond its jurisdiction in this suit against Monsanto and Walmart alleging a failure to warn, negligence and deceptive trade practices violations brought by the cancer patient. The requested writs are not appropriate remedy to reverse a discovery order and would require the Arkansas Supreme Court to delve into the underlying merits, which has been often held to be improper in decisions on issuing writs.
Court: Arkansas Supreme Court, Judge: Kemp, Filed On: June 8, 2023, Case #: CV-22-635, Categories: Tort, Negligence, Jurisdiction
J. Baker finds the circuit court properly dismissed the legal malpractice complaint brought by a truck driver against the attorneys who failed to accomplish service, resulting in the dismissal of her personal injury suit arising from a rollover accident cause by an allegedly improperly loaded trailer. The statute of limitations expired, and the driver says the attorneys continued her litigation despite knowing it was useless. The driver failed to allege fraudulent concealment and the court of appeals affirmed the circuit court’s dismissal. Without fraudulent concealment the malpractice complaint was untimely. Affirmed. Court of appeals opinion vacated.
Court: Arkansas Supreme Court, Judge: Baker, Filed On: June 8, 2023, Case #: CV-21-417, Categories: Fraud, Legal Malpractice
J. Wood finds the circuit court properly awarded attorney fees to the hospital, which was sued by a surgeon whose staff and surgical privileges were revoked for alleged care that didn’t meet standard practice. Most of the surgeon’s claims were dismissed with prejudice and others were affirmed on appeal. The hospital filed a motion for fees with over two hundred pages of supporting documentation. The surgeon did not seek hearing, submit evidence or contest the itemized fee documentation, essentially asking the court to reach the liability issue first and then allow him to submit documentation. The circuit court is not required to do this. Affirmed.
Court: Arkansas Supreme Court, Judge: Wood, Filed On: June 8, 2023, Case #: CV-22-636, Categories: Employment, Evidence, Health Care
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. Webb finds the trial court properly convicted defendant for five counts of the rape of his minor stepson, sentencing him to five concurrent life terms in prison. He contends that the court’s denial of a continuance prevented him from obtaining his own DNA expert to challenge the state’s supplemental DNA report; but the record does not show that a continuance was ever requested. No prejudicial error is found. Affirmed.
Court: Arkansas Supreme Court, Judge: Webb, Filed On: May 25, 2023, Case #: CR-22-484, Categories: Evidence, Sex Offender, Child Victims
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
Per curiam, the Supreme Court of Arkansas grants the lawyer and son of the former Governor of Arkansas’ petition for a writ of certiorari, reinstating his law license after his arrest for drug possession. The lawyer was subject to a rapid summary suspension for conduct unrelated to his practice. The court mentions its concerns regarding uniformity of treatment, comparing the case with a recent example of a lawyer charged with conspiracy to commit mail fraud wherein he was indicted in 2019 with his license remaining in effect until 2022.
Court: Arkansas Supreme Court, Judge: Per curiam, Filed On: May 18, 2023, Case #: CV-23-151, Categories: Due Process, Attorney Discipline