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The Supreme Court held that the circuit court’s order certifying a class action filed by Employees failed to comply with Ark. R. Civ. P. 23(b). In their complaint, Employees alleged claims of breach of contract and unjust enrichment based on Employer’s failure to compensate Employees for earned but unused vacation time. The circuit court granted Employees’ motion for class certification. Appellants filed this interlocutory appeal arguing that Employees failed to demonstrate commonality, predominance, and superiority as to their breach of contract claim. The Supreme Court remanded the case, holding that the circuit court’s bare conclusion that “Plaintiffs have satisfied all elements of Rule 23 of the Arkansas Rules of Civil Procedure and class certification is appropriate in this case” was clearly insufficient for the Supreme Court to conduct a meaningful review. View "Industrial Welding Supplies of Hattiesburg, LLC v. Pinson" on Justia Law

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The Supreme Court dismissed the appeal filed by Appellant challenging the circuit court’s order dismissing her case with prejudice based on the statute of limitations. The circuit court granted Defendants’ motion to dismiss with prejudice because Appellant’s various complaints, including Appellant’s fourth amended complaint, were time-barred. In her complaints, Appellant named different defendants, and none of the amended complaints stated that they were incorporating Appellant’s earlier complaints. The Supreme Court held that Appellant’s appeal was not final because not all defendants were dismissed, and therefore, there were still claims pending against some Defendants. View "Henson v. Cradduck" on Justia Law

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The Supreme Court affirmed the circuit court’s denial of Appellant’s pro se petition for writ of error coram nobis in which Appellant alleged that the State violated Brady v. Maryland, 373 U.S. 83 (1963), suborned perjury, and breached the agreement he entered into with the State before entering a plea of guilty. The Supreme Court held (1) the trial court did not abuse its discretion by treating Appellant’s coram nobis petition as a petition raising claims of ineffective assistance of counsel; (2) Appellant did not demonstrate a Brady violation; (3) Appellant failed to establish that his plea was coerced; and (4) Appellant’s argument that he was actually innocent of the offense to which he pleaded guilty did not establish a ground for the writ. View "Williams v. State" on Justia Law

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The Supreme Court affirmed the trial court’s denial of Appellant’s pro se petition for postconviction relief filed pursuant to Ark. R. Crim. P. 37.1. Appellant was convicted of kidnapping, rape, and aggravated robbery and was sentenced to three terms of life imprisonment. The Supreme Court affirmed on appeal. Appellant then filed a pro se Rule 37.1 petition alleging multiple claims of ineffective assistance of counsel. The trial court denied relief. Appellant appealed. The Supreme Court affirmed, holding (1) there was no error in the denial of Appellant’s motion for new trial in regard to some claims; (2) another claim raised by Appellant was waived on appeal; and (3) Appellant’s claim with respect to the trial court’s order in denying his motion for a new trial was not cognizable in a Rule 37.1 proceeding. View "Sylvester v. State" on Justia Law

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The Supreme Court dismissed Appellant’s appeal from the denial of multiple pro se motions he filed in connection with a pro se civil-rights action he filed in the circuit court pursuant to 42 U.S.C. 1983, which rendered his two petitions for writ of certiorari, two amended petitions for certiorari, and multiple motions connected with the appeal moot. Appellant filed a complaint alleging that Appellees violated his civil rights. In addition to his civil complaint, Appellant filed multiple motions. The circuit court denied the motions and other pleadings on the basis that Appellant had failed to provide proof of service with respect to the complaint and the related pleadings. The Supreme Court dismissed Appellant’s appeal for lack of appellate jurisdiction because there was no final order on the merits. View "Nooner v. Kelley" on Justia Law

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The Supreme Court dismissed the State’s appeal from the circuit court’s use of three nonmodel jury instructions at Appellee’s resentencing hearing, holding that the State failed to demonstrate that the appeal involved the correct and uniform administration of the law or that this was a proper State appeal. Appellee was resentenced after his life sentence was vacated for failure to comport with Miller v. Alabama, 467 U.S. 460 (2012). During the resentencing hearing, the circuit court instructed the jury with three nonmodel instructions based upon the Miller decision. The jury returned a sentence of forty years’ imprisonment, and the circuit court entered an order reducing Appellee’s sentence accordingly. The State appealed, arguing that the use of the nonmodel jury instruction was error. The Supreme Court dismissed the appeal, holding that this was not a proper State appeal. View "State v. Lasley" on Justia Law

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The Supreme Court affirmed the circuit court’s denial of Appellant’s petition for writ of habeas corpus in which he alleged that his sentence was illegally enhanced pursuant to Ark. Code Ann. 5-64-408. The court held (1) the circuit court did not err in denying Appellant’s request for default judgment; (2) Appellant’s allegations failed to establish probable cause that the writ should issue; (3) the circuit court did not lack jurisdiction to sentence Appellant utilizing the enhancement in section 5-64-408; and (4) the circuit court did not err by failing to have an evidentiary hearing on the matter. View "Darrough v. Kelley" on Justia Law

Posted in: Criminal Law

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The Supreme Court affirmed the order of the circuit court granting a motion for temporary restraining order (TRO) in favor of Appellees, who sought a declaratory judgment challenging the validity of the Arkansas Department of Human Services’ (DHS) new Resource Utilization Groups system rule. Appellees, low-income individuals with profound physical disabilities who received services through a program called Attendant Care, alleged that the switch from nurses’ assessments to to a computer algorithm reduced their attendant care hours by an average of forty-three percent and that such a reduction would be insufficient to meet their care needs. The circuit court concluded that Appellees demonstrated a likelihood of success on the merits and temporarily enjoined DHS from reducing their attendant-care hours. The Supreme Court affirmed, holding (1) the circuit court properly found irreparable harm in this case; (2) the circuit court did not abuse its discretion in finding that Appellees demonstrated a likelihood of success on the merits; and (3) Appellees were not required to exhaust their administrative remedies before seeking a declaratory order from the court. View "Arkansas Department of Human Services v. Ledgerwood" on Justia Law

Posted in: Health Law

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The Supreme Court affirmed in part and reversed and remanded in part the circuit court’s order requiring the Arkansas Department of Correction (ADC) to provide Steven Shults with the pharmaceutical package inserts and labels for its supply of midazolam, one of the drugs in the State’s execution protocol. Shults filed a complaint against the ADC after it refused to provide him with public records pertaining to the State’s supply of midazolam pursuant to his Arkansas Freedom of Information Act request. The ADC refused to disclose the package inserts or labels for the midazolam, arguing that these documents could be used to identify the sellers or suppliers of the drug in violation of the Method of Execution Act (MEA), Ark. Code Ann. 5-4-617. On appeal, the Supreme Court held (1) the circuit court correctly determined that the identity of drug manufacturers is not protected under the confidentiality provisions of section 5-4-617; but (2) the circuit court erred in requiring disclosure of the unredacted records, as certain information was confidential under section 5-4-617(j). The court remanded the case for the circuit court to determine which information must be redacted on the midazolam labels and/or package inserts at issue. View "Arkansas Department of Correction v. Shults" on Justia Law

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The Supreme Court dismissed the State’s interlocutory appeal from the circuit court’s order granting Defendant’s motion to suppress. On appeal, the State argued that the circuit court erred (1) by interpreting Ark. R. Crim. P. 2.2 to invalidate the encounter between Defendant and the arresting officer, and (2) in concluding that the officer’s actions constituted a seizure. The Supreme Court held that this case was not properly before it under Ark. R. App. P.-Crim. 3 where this was a case involving the trial court’s consideration of the particular facts of the case and its determination that those facts did not provide reasonable suspicion for an investigatory stop under rule 3.1. View "State v. McWilliams" on Justia Law