7 results for 'judge:"Hiland "'.
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. Hiland finds the trial court properly convicted defendant for domestic battery based on sufficient evidence. Defendant's fianc��'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. 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. 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. 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
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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. 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