Justia Arkansas Supreme Court Opinion Summaries

Trustee filed a petition to construe an inter vivos trust, taking the position that the interests of the deceased beneficiaries lapsed because they predeceased the surviving settlor and that Appellants, descendants of the settlor's stepsons, were not entitled to share in the remainder of the trust. The circuit court concluded that a beneficiary's interest lapses if the beneficiary predeceases the settlor under the common law, and therefore, Appellants could not share in the trust because their fathers' interests lapsed when they predeceased the surviving settlor. The Supreme Court reversed, holding (1) the interest of a beneficiary to an inter vivos trust vests at the time the trust is created, and thus the beneficial interest does not lapse when the beneficiary predeceases the settlor; and (2) therefore, the interests of the deceased beneficiaries did not lapse. Remanded. View "Tait v. Cmty. First Trust Co." on Justia Law

Appellee was charged with felony possession of drug paraphernalia and misdemeanor possession of a controlled substance. The charges stemmed from a probationary search of the bedroom he rented and sometimes shared with his girlfriend, a probationer. Appellee moved to suppress the evidence on the basis that the warrantless search of his bedroom was conducted without his consent, without probable cause, and without exigent circumstances. After a hearing, the circuit court ruled that the State failed to prove the reasonableness of the warrantless, probationary search as to Appellee because Appellee did not expressly consent to the search. The Supreme Court dismissed the State's appeal, holding that resolution of this case turned on application of its unique facts to the law, and therefore, the correct and uniform administration of the criminal law did not require the Court's review. View "State v. Myers" on Justia Law

Appellee's husband, a parolee, resided with Appellee. After a parole agent determined that a parole search of the residence was warranted, the parole officer and other police officers searched the residence. Appellee was subsequently charged with possession of methamphetamine and possession of drug paraphernalia. Prior to trial, Appellee filed a motion to suppress, alleging (1) police officers conducted the search without a warrant, without consent, and without reasonable cause; and (2) her arrest exceeded the authority of the parole officer. The circuit court granted Appellee's motion to suppress, ruling that reasonable grounds for a parole search must exist and more-than-minimal police involvement was necessary in the parole search at issue. The Supreme Court dismissed for lack of a proper State appeal where (1) the State's appeal involved only the application of a rule or statute; and (2) because the trial court acted on a mixed question of law and fact, the matter was not appealable by the State. View "State v. Jones" on Justia Law

After a jury trial, Petitioner was found guilty of first-degree murder and sentenced to 600 months' imprisonment. The judgment was affirmed on direct appeal. Petitioner then sought postconviction relief in the trial court. The petition was dismissed on the ground it was not timely filed. Petitioner subsequently filed a pro se petition to reinvest jurisdiction in the trial court to consider a petition for writ of error coram nobis, alleging that the evidence was not sufficient to sustain the judgment-and-commitment order. The Supreme Court denied the petition, holding that Petitioner's claim was not cognizable in a coram-nobis proceeding. View "Sims v. State" on Justia Law

This case involved provisions of the Arkansas Freedom of Information Act (FOIA). The circuit court dismissed Appellant's complaint against Appellees, the city, the city administrator, and members of the board of directors, contending that the administrator violated the open-meetings provision of the FOIA when he presented to individual board members, in advance of a study session, a memorandum expressing his opinion on a proposed ordinance that might come before the board. The circuit court found in favor of Appellees. The Supreme Court (1) affirmed the circuit court's conclusion that the administrator did not violate the open-meetings provision of the FOIA; and (2) reversed the circuit court's findings of fact and conclusions of law relating to its determination that the FOIA's open-meetings provision and criminal provision were unconstitutional. In so holding, the Court declined to grant Appellees' request to overrule Harris v. City of Fort Smith, in which the Court construed the open-meetings provision of the FOIA to give effect to the intent of the legislature that public business be performed in an open and public manner. View "McCutchen v. City of Fort Smith" on Justia Law

After Appellant's parental rights were terminated, Appellant timely filed a notice of appeal. The record was untimely tendered to the Supreme Court's clerk, however. Appellant subsequently filed a motion for rule on clerk and for belated appeal. Appellant's attorney admitted fault and was responsible for the failure to perfect the appeal. In accordance with McDonald v. State, which states that the failure of an attorney to timely perfect an appeal is good reason for the appeal not being timely perfected, the Supreme Court granted Appellant's motion and forwarded a copy of this opinion to the Committee on Professional Conduct. View "Mancia v. Ark. Dep't of Human Servs." on Justia Law

This matter began when the state insurance commissioner filed a petition for receivership against Signature Life Insurance Company of America, which had become insolvent. The commissioner was appointed receiver and began to rehabilitate Signature. The successor to the commissioner then filed a complaint against Frank Whitbeck, the sole shareholder and director of Signature, who obtained the loans from the company resulting in its insolvency, and several LLCs, all of which were owned by Whitbeck. This action was settled. The circuit court subsequently approved a rehabilitation plan for Signature. Due to Whitbeck's failure to perform under the rehabilitation plan, the receiver filed a petition for order of liquidation and for foreclosure and replevin. The circuit court entered an order of liquidation and a foreclosure and replevin decree ordering the sale of the real property. Whitbeck filed a complaint seeking a declaration that the receiver's alleged malfeasance and nonfeasance extinguished and released Defendants from any further liability. The circuit court dismissed the complaint. The Supreme Court affirmed, holding that Whitbeck's claims were barred by the claim preclusion facet of res judicata, and the circuit court did not err in dismissing Whitbeck's action. View "Whitbeck v. Bradford" on Justia Law

Appellant was convicted by a circuit court jury of one count of rape and one count of second-degree sexual assault. Appellant was sentenced to life imprisonment, an additional eighteen years, and $10,000 fine. Appellant appealed, alleging that the circuit court abused its discretion by overruling his objections to the prosecution's closing argument during the guilt phase of his trial. The Supreme Court affirmed, holding that the circuit court did not abuse its discretion in overruling Appellant's objections to the prosecution's closing argument, as the prosecution's closing argument did not constitute error and was in response to the credibility challenges made to its witnesses. View "Stewart v. State" on Justia Law

Mark Smith died after he was taken to the emergency room at Rebsamen Medical Center. Appellants sought to be appointed as co-special administrators of Smith's estate and then filed the instant wrongful-death action. However, the order of appointment was not filed until two days after Appellants filed the action. Appellees moved for summary judgment arguing that the wrongful-death complaint was a nullity as Appellants lacked standing to bring such an action. While the motions were pending, Appellants filed a motion in the probate court seeking entry of a nunc pro tunc order to reflect that the order of appointment had been filed two days before it was actually filed. The probate court entered an order on motion nunc pro tunc. Nevertheless, the circuit court granted Appellees' motions for summary judgment on the basis that the complaint was a nullity because Appellees lacked standing to bring the action at the time of its filing. The Supreme Court reversed, holding that the grant of summary judgment was in error, as the circuit court lacked authority to invalidate or disregard the order from the probate division, which established that Appellants had been appointed as administrators prior to the filing of the wrongful-death complaint. Remanded. View "Smith v. Rebsamen Med. Ctr., Inc." on Justia Law

This appeal stemmed from issues involving the school-funding system and the disbursement of uniform rate of tax (URT) revenues to Arkansas's public-school districts. Appellees, school districts and their taxpayers ("School Districts"), filed a complaint seeking a declaration that any attempt by Appellants, the commissioner of the department of education and the state treasurer ("ADE"), to demand URT revenues in excess of the foundation-funding amount from Appellees was unconstitutional. The circuit court enjoined ADE from (1) seeking repayment of any portion of the URT revenues assessed for purposes of school funding from Appellees, and (2) withholding monies belonging to Appellees for the repayment of the URT revenues required for school funding from state or federal monies owed to the districts. The Supreme Court affirmed on direct appeal and reversed on cross-appeal, holding that the circuit court (1) correctly found that ADE was not authorized by the legislature to recoup and redistribute any URT revenues received from the School Districts that were in excess of the foundation-funding amount; (2) did not err in finding that ADE lacked the authority to withhold monies from the School Districts; and (3) erred in finding that the revenues generated by the URT were state-tax revenues. View "Kimbrell v. McCleskey" on Justia Law