Justia Arkansas Supreme Court Opinion Summaries

Articles Posted in Constitutional Law
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Appellant was found guilty of aggravated robbery and theft of property with a firearm enhancement. Appellant was sentenced to life imprisonment. The Supreme Court affirmed on appeal. Appellant later filed a pro se petition for postconviction relief pursuant to Ark. R. Crim. P. 37.1, arguing that he was denied effective assistance of counsel and that he was denied a fair and impartial trial because the jury and victims were all white and the trial judge was aggravated with him. The trial court denied the petition. The Supreme Court affirmed, holding that the trial court’s decision to deny the requested relief was not clearly erroneous. View "Turner v. State" on Justia Law

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In 2013, Appellant was convicted of raping a young girl and sentenced to forty years’ imprisonment. The court of appeals affirmed. Appellant subsequently filed a petition for postconviction relief pursuant to Ark. R. Crim. P. 37.1, alleging that his trial counsel provided ineffective assistance. The trial court denied relief, concluding that counsel’s performance was not ineffective. The Supreme Court affirmed, holding that the circuit court did not err in finding (1) counsel was not ineffective for failing to object to hearsay testimony from witnesses; (2) counsel was not ineffective for failing to object to a sleeping juror; and (3) counsel was not ineffective for failing to call into question the credibility of the alleged victims. View "Smith v. State" on Justia Law

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Appellant pleaded guilty to capital murder, terroristic threatening, and second-degree battery. Appellant was sentenced to life imprisonment without the possibility of parole and two six-year terms of imprisonment to run concurrently with the life sentence. The Supreme Court affirmed. Appellant later filed a pro se petition for declaratory judgment and writ of mandamus challenging the constitutionality of his sentence to life without parole. The circuit court dismissed the petition with prejudice. The Supreme Court dismissed Appellant’s appeal, holding that Appellant failed to state a basis for declaratory relief and provided no basis for a writ of mandamus to issue. View "Millsap v. Kelley" on Justia Law

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After a jury trial, Defendant was found guilty of capital murder, two counts of aggravated robbery, and two counts of kidnapping. Defendant elected to forgo sentencing by the jury. The State did not seek the death penalty for the capital murder conviction, for which Defendant automatically received a life sentence without parole. The circuit court sentenced Defendant as a habitual offender to concurrent terms of life imprisonment for the remaining offenses. The Supreme Court affirmed, holding that, by making certain rulings, the circuit court did not deny Defendant (1) the right to self-representation, (2) the right of confrontation, or (3) the right to the assistance of counsel. View "Dennis v. State" on Justia Law

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This was the second part of a bifurcated case concerning a proposed amendment to the state Constitution referred to as “An Amendment to Limit Attorney Contingency Fees and Non-Economic Damages in Medical Lawsuits.” Petitioners filed an original action in the Supreme Court for an order to invalidate the proposed amendment either by striking it from the ballot or by enjoining the counting of the votes. The petition asserted three bases for relief. The Supreme Court granted a motion to bifurcate the case and appointed a special master to make findings on counts I and II. This opinion addressed counts I and II. Ultimately, having already granted the petition based on the grounds asserted in count III, the Court declared its consideration of counts I and II moot. View "Ross v. Martin" on Justia Law

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After a jury trial, Appellant was found guilty of four counts of computer exploitation of a child in the first degree and of twenty counts of distributing, possessing, or viewing matter depicting sexually explicit conduct involving a child. The Supreme Court affirmed. Thereafter, Appellant filed a petition for postconviction relief under Ark. R. Crim. P. 37.1, alleging ineffective assistance of counsel. The trial court denied relief. Appellant appealed and filed a pro se motion for extension of time to file brief, motion for certified copies of records, and motion to use twelve-point typeface. The Supreme Court dismissed the appeal and declared the motions filed in relation to the appeal moot, holding that Appellant failed to establish that either trial counsel or appellate counsel was ineffective. View "Rea v. State" on Justia Law

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In 2012, the Arkansas State Police conducted a sobriety checkpoint on an exit ramp on an interstate. Appellant was stopped and subsequently arrested and charged with driving while intoxicated. After a bench trial, Appellant was convicted of driving while intoxicated. Appellant appealed, arguing, inter alia, that the sobriety checkpoint was illegally conducted, requiring reversal of his convictions under the Fourth Amendment. The Supreme Court reversed, holding (1) the sobriety checkpoint was unconstitutional because the State failed to demonstrate that the field officers’ discretion was properly limited; and (2) the seizure of Appellant through the checkpoint stop was unreasonable, and therefore, any evidence obtained as a result of the checkpoint should have been suppressed. View "Whalen v. State" on Justia Law

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Appellant was convicted of first-degree battery and sentenced to ten years in prison. The court of appeals affirmed. Appellant later filed a petition for postconviction relief pursuant to Ark. R. Crim. P. 37.1, alleging that his trial counsel was ineffective in three ways. After an evidentiary hearing, the circuit court denied the petition. The Supreme Court affirmed, holding that, considering the totality of the evidence, Appellant did not show that counsel’s performance was deficient or that the deficient performance prejudiced his defense, and therefore, the circuit court did not clearly err in denying Appellant’s petition for postconviction relief. View "Doty v. State" on Justia Law

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After a jury trial, Appellant was found guilty of first-degree murder. Appellant was sentenced to 480 months in prison. Appellant later filed a verified pro se petition for postconviction relief seeking to vacate the judgment on the ground that his counsel provided ineffective assistance. The trial court denied the petition. Appellant appealed, alleging six grounds for reversal of the trial court’s order. The Supreme Court affirmed, holding that the trial court’s finding were not clearly erroneous and that trial counsel’s assistance was not constitutionally deficient. View "Thompson v. State" on Justia Law

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Appellant entered nolo contendere pleas in two cases. The judgment imposed an aggregate sentence of 360 months’ imprisonment in the two criminal cases, in conjunction with the court’s granting a petition to revoke the suspended sentences. Appellant appealed the revocation order, but the court of appeals affirmed the judgment and granted the appellate attorney’s motion to withdraw. Appellant then filed a pro se petition for postconviction relief under Ark. R. Crim. P. 37.1, alleging ineffective assistance of trial counsel. After an evidentiary hearing, the trial court dismissed the petition. Appellant appealed and also filed motions seeking leave to file a belated reply brief, leave to file a supplemental abstract, and an order for polygraph examinations and to stay the proceedings. The Supreme Court affirmed the denial of postconviction relief and declared the motions moot, holding that trial counsel’s assistance was not constitutionally deficient. View "Flemons v. State" on Justia Law