12 results for 'judge:"Webb "'.
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. 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. 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. 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
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
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. 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. 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. 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. 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. 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