86 results for 'court:"Arkansas Supreme Court"'.
J. Wood finds the circuit court properly disqualified defense counsel from the underlying incest/sexual assault of a child case. The attorney and his firm were disqualified because one of the firm's attorneys had worked as a deputy prosecutor on a matter involving the same alleged victim and defendant. No timely screening of the attorney was made, or prompt notice given according to dictates of the Arkansas Rules of Professional Conduct. Affirmed.
Court: Arkansas Supreme Court, Judge: Wood , Filed On: April 25, 2024, Case #: CR-23-630, Categories: Due Process, Attorney Discipline
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 substantially 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. Baker finds the circuit court improperly dismissed the inmate's request for additional DNA testing following his conviction in the "Memphis 3" murder. The circuit court misinterpreted the plain language of the relevant statute, consistent with other law, that “any person...who has alleged actual innocence” is entitled to petition for a writ of habeas corpus. The court erroneously dismissed the petition on the grounds defendant was not in state custody at the time it was filed. Reversed.
Court: Arkansas Supreme Court, Judge: Baker , Filed On: April 18, 2024, Case #: CR-22-670, Categories: Dna, Habeas, Murder
J. Hudson finds the circuit court properly denied defendant's petition for writ of mandamus seeking to withdraw his guilty plea for his conviction on a charge of attempting to furnish a prohibited article into a correctional facility. Separate from his murder, assault, burglary and kidnapping charges, defendant attempted to introduce a cell phone battery into his jail cell while awaiting trial. After a guilty plea conviction, the conviction and sentence cannot be modified. Affirmed.
Court: Arkansas Supreme Court, Judge: Hudson , Filed On: April 18, 2024, Case #: CR-23-646, Categories: Sentencing, Smuggling, Plea
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
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J. Kemp finds the circuit court properly denied defendant's petitions for leave to proceed in forma pauperis and for extraordinary writs. Defendant was sentenced to 72 months in prison on his no-contest plea conviction on sexual assault charges. He does not plead the facial invalidity of the judgment or the trial court’s lack of jurisdiction, as necessary, having not pleaded his actual innocence. Defendant has not properly alleged illegal detainment. Affirmed.
Court: Arkansas Supreme Court, Judge: Kemp , Filed On: April 18, 2024, Case #: CR-22-450, Categories: Sentencing, Sex Offender, Plea
J. Baker finds the trial court properly convicted defendant for murder. Defendant was taken into custody after having been identified as a suspect. She was found with the murder weapon, Mirandized and admitted she had been in an argument with the victim because he had allegedly struck her 14-year-old son. Sufficient evidence, including surveillance video and clothing worn by the assailant in the video found at defendant's home, support the conviction. Though it was later found a juror's sister worked for the defense attorney, no evidence shows the juror and attorney knew each other. Affirmed.
Court: Arkansas Supreme Court, Judge: Baker , Filed On: April 11, 2024, Case #: CR-23-602, Categories: Evidence, Jury, Murder
J. Wood finds the circuit court improperly found for an unsuccessful applicant for a medical marijuana cultivation license. The applicant sought to have a licensee stripped of his license, arguing his application did not comply with merit selection criteria. The challenged licensee was not named as a defendant or joined as a party in the suit. The circuit court erroneously denied his motion to enter the case, as he is an indispensable party. Reversed in part.
Court: Arkansas Supreme Court, Judge: Wood , Filed On: April 11, 2024, Case #: CV-22-739, Categories: Agriculture, Licensing, Due Process
J. Webb finds the circuit court properly denied defendant's pro se writ of habeas corpus, in which he argues his life sentence, imposed when he was convicted of capital murder at 19 years old, is cruel and unusual punishment. Though he says certain case law should be applied in an individualized manner, arguing there is no neurotypical distinction between a juvenile teenager and nonjuvenile teenager, the sentence is not illegal on its face. Affirmed.
Court: Arkansas Supreme Court, Judge: Webb , Filed On: April 11, 2024, Case #: CV-23-552, Categories: Constitution, Juvenile Law, Murder
J. Hudson finds the trial court properly dismissed the voter advocacy group's complaint for declaratory relief. The group says voting machines used by the state are noncompliant because the voter cannot independently verify selections on the ballot prior to casting a vote. Testimony introduced at the hearing established the voter has the opportunity to review his or her selections on a summary screen. Affirmed.
Court: Arkansas Supreme Court, Judge: Hudson , Filed On: April 4, 2024, Case #: CV-23-755, Categories: Administrative Law, Constitution, Elections
J. Hudson finds the trial court properly struck the complaint, finding the attorney is a necessary witness. The department of finance and administration declined a trade-in tax credit on vehicles transferred to the company after they were purchased by individuals with company funds. The attorney representing the vehicle purchasers was in involved in the original scheme, and the trial court properly applied all tests in determining he is disqualified. Affirmed.
Court: Arkansas Supreme Court, Judge: Hudson , Filed On: April 4, 2024, Case #: CV-23-59, Categories: Fraud, Tax, Attorney Discipline
J. Webb finds the trial court properly found for the state on a concealed carry license holder's claim he is entitled to carry a firearm into the university's on-campus arena. Though the licensee correctly notes state law provides that prohibition of concealed carry on a premises covered by an alcohol permit “does not apply if the place is [a] public university," the code is limited to the location and readability of the notice of prohibition. The arena is covered by an alcohol permit and has provided the requisite, readable notice. Affirmed.
Court: Arkansas Supreme Court, Judge: Webb , Filed On: April 4, 2024, Case #: CV-23-518, Categories: Administrative Law, Education, Firearms
J. Baker finds the circuit court improperly found for a Ford dealership. A financial audit revealed tax payment discrepancies, as well as incorrect usage of license tags. Though it is true “a vehicle may be involved in many transactions... [triggering] sales tax liability,” the dealer's allowing certain vehicles for business use by individuals, not being a transaction, and thus not triggering tax liability, is incorrect. The court applied the wrong standard of review. Reversed.
Court: Arkansas Supreme Court, Judge: Baker , Filed On: March 28, 2024, Case #: CV-23-450, Categories: Licensing, Tax, Business Practices
J. Webb finds the circuit court properly dismissed taxpayers' illegal exaction class action alleging constitutional violations involving tax assessment definitions as applied to disabled people and senior citizens. The taxpayers did not exhaust administrative remedies and the court properly dismissed the complaint for lack of subject matter jurisdiction. Affirmed.
Court: Arkansas Supreme Court, Judge: Webb , Filed On: March 28, 2024, Case #: CV-23-326, Categories: Tax, Jurisdiction, Class Action
J. Webb finds the circuit court properly found in favor of the state of Arkansas on constitutional claims filed by an involuntarily civilly committed psychiatric patient who was found to be in possession of a firearm during a traffic stop. His commitment was based on his dangerous and reckless use of a firearm. In Arkansas, only felons convicted of non-gun-related and nonviolent crimes may have their gun rights restored. Affirmed.
Court: Arkansas Supreme Court, Judge: Webb , Filed On: March 28, 2024, Case #: CV-23-349, Categories: Constitution, Health Care, Firearms
J. Hiland finds the circuit court properly denied defendant's petition for postconviction relief. Defendant was convicted for murder, aggravated robbery, and a firearm enhancement, receiving sentences of life, 35 years and 15 years. The 35-year sentence for aggravated robbery is within statutory guidelines and not unconstitutional. Although no written instruction deleting the life sentence option was proffered, trial counsel made a sufficient enough record to preserve the argument, and claims of ineffective assistance fail. The jury did not enter a life sentence on the aggravated-robbery charge, and there is no evidence showing a different instruction would have resulted in a different sentence. Affirmed.
Court: Arkansas Supreme Court, Judge: Hiland , Filed On: March 14, 2024, Case #: CR-23-354, Categories: Constitution, Murder, Sentencing
J. Wood finds the circuit court properly denied the landowners' petition for a writ of mandamus challenging the county's tax assessment. The county, after a certain time of assessing the owner's timberland as agricultural without structures, learned of a structure that had been built and increased the taxes. The owner's husband represented her without authorization to practice law and, therefore, the petition is a nullity as to her claims. The husband also has not exhausted his administrative remedies. Affirmed.
Court: Arkansas Supreme Court, Judge: Wood , Filed On: March 7, 2024, Case #: CV-23-511, Categories: Administrative Law, Remedies, Tax
J. Baker finds the circuit court improperly reduced the restored building owner's tax obligation to $0. The Department of Arkansas Heritage issued a $125,000 state income tax credit to the owner, who used a portion to pay certain taxes, then sought review of the assessor's adjustment. The circuit court concluded that certain statutes regarding the limits of a rehabilitation credit conflict and ordered the tax obligation reduced to $0, allowing the owner to carry forward the unused portion of the credit for five years. The court incorrectly determined the credit must be applied after apportionment and erroneously determined the statutes conflict. Reversed.
Court: Arkansas Supreme Court, Judge: Baker , Filed On: March 7, 2024, Case #: CV-23-412, Categories: Administrative Law, Construction, Tax
J. Hiland finds the trial court properly convicted defendant for domestic battery based on sufficient evidence. Defendant's fiancé's toddler, who was found unconscious while with defendant, suffered a severe brain bleed, which led to the diagnosis of physical child abuse. Affirmed.
Court: Arkansas Supreme Court, Judge: Hiland , Filed On: February 22, 2024, Case #: CR-23-603, Categories: Evidence, Domestic Violence, Child Victims
J. Kemp finds the trial court properly convicted defendant for two counts of first-degree murder. Officers responded to a call by a victim's son when he discovered his mother and defendant's father dead from gunshot wounds. The father's body appeared to officers to be posed with a gun in its hand, though it was later confirmed he had been shot six times by that very gun. Furthermore, the trial court properly rejected proffered instructions on justification and kidnapping because there was no evidence defendant reasonably believed the victims were about to commit a felony with force or violence, or that his life was in imminent danger. Affirmed.
Court: Arkansas Supreme Court, Judge: Kemp , Filed On: February 22, 2024, Case #: CR-23-486, Categories: Evidence, Murder, Jury Instructions
J. Baker finds the circuit court properly granted the department of correction's motion for summary judgment. The inmate, convicted in 1980 for capital murder and rape, sought a declaration he was eligible for parole and asked the court to compel parole. Parole eligibility is based on the number of times a defendant has been convicted for felonies. Because defendant committed attempted first-degree murder and first-degree battery while incarcerated, and after a cited statute had been enacted, he became ineligible for parole after committing the last of the four felonies. Affirmed.
Court: Arkansas Supreme Court, Judge: Baker , Filed On: February 15, 2024, Case #: CV-23-282, Categories: Evidence, Murder, Prisoners' Rights
J. Baker finds the county court properly found the deceased's will to change the beneficiaries of annuities. The sons argue a recent change in law provides that a testamentary change to an insurance policy or annuity contract beneficiary is ineffective if the change is not made according to the annuity and policy terms, but the law does not state it is to be applied retroactively. The widow also had a vested interest in her husband's annuity when he died, which was before the law's enactment. Affirmed.
Court: Arkansas Supreme Court, Judge: Baker , Filed On: February 15, 2024, Case #: CV-23-73, Categories: Family Law, Insurance, Wills / Probate
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
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