Justia Arkansas Supreme Court Opinion Summaries

The Supreme Court dismissed this appeal stemming from an illegal-exaction case challenging whether a court-ordered annual service fee charged to customers by Ozark Mountain Solid Waste District to repay Ozark Mountain's creditors is statutorily or constitutionally permitted, holding that the order was not a final order.Specifically, the Supreme Court held that the order in this illegal exaction case was not a final, appealable order because it contemplated further action by the parties and the circuit court. Further, the record demonstrated that the Attorney General did not seek a Rule 54 certificate to certify the issues presented for appeal. Because the order was not a final order, the Supreme Court dismissed the appeal. View "Ozark Mountain Solid Waste District v. JMS Enterprises, Inc." on Justia Law

The Supreme Court affirmed in part and reversed in part the circuit court's denial of Appellant's petition for postconviction relief pursuant to Ark. R. Crim. P. 37.5, holding that Appellant's trial attorneys were ineffective.Appellant was convicted of capital murder, kidnapping, and abuse of a corpse. In his petition for postconviction relief, Appellant argued, among other things, that trial counsel was ineffective because they abandoned their objection to instructing the jury that the death of the victim's unborn child could be considered an aggravating factor for sentencing purposes. The circuit court rejected Appellant's claims. The Supreme Court reversed in part, holding (1) the circuit court erred in presenting to the jury the death of the victim's unborn child as an aggravating factor, and Appellant's trial attorneys were ineffective when they abandoned their objection to this instruction; and (2) there was a reasonable probability that the fact-finder's decision would have been different absent counsels' errors. View "Smith v. State" on Justia Law

The Supreme Court reversed the order of the circuit court dismissing Plaintiffs' illegal exaction suit that sought to enjoin the expenditure of highway funds collected pursuant to Amendment 91 of the Arkansas Constitution for two highway projects, holding that the circuit court erred in finding that Amendment 91 funds were legally designated for the projects.The two projects at issue were intended to improve portions of Interstate 30 and Interstate 630 in Little Rock by widening portions of the interstate highways from six lanes to eight or more lanes. The Arkansas Department of Transportation selected the projects to be funded by Amendment 91 money. Plaintiffs, Arkansas citizens and taxpayers, filed an illegal exaction lawsuit praying to enjoin the expenditure of funds for the projects, arguing that the projects were not "four-lane highway improvements," as required by Amendment 91. The circuit court found that the projects were covered by Amendment 91. The Supreme Court reversed, holding (1) the repeated reference to "four-lane highways" and the lack of a specific reference to six-lane interstate highways means the Amendment 91 funds cannot be used for six-lane interstate highways; and (2) therefore, the circuit court erred in dismissing the illegal exaction suit. View "Buonauito v. Gibson" on Justia Law

The Supreme Court affirmed the order of the circuit court granting a motion to dismiss filed by the Arkansas Secretary of State Appellant's complaint seeking to strike two proposed constitutional amendments, Issue 2 and Issue 3, from the general election ballot on November 3, 2020, holding that the circuit court did not err.On appeal, Appellant argued that the circuit court erred in ruling that the ballot titles were sufficient and that Issue 3 did not violate Ark. Const. art. XIX, 22. The Supreme Court affirmed, holding (1) article 19, section 22 governs the ballot titles of Issue 2 and Issue 3; (2) the circuit court properly ruled that Issue 2 and Issue 3 comply with the requirements of article 19, section 22; and (3) the circuit court did not err in ruling that Issue 3 did not violate article 19, section 22. View "Steele v. Thurston" on Justia Law

The Supreme Court affirmed Defendant's conviction of second-degree sexual assault and sentence of sixty months' imprisonment, holding that the victim's therapy records were protected from disclosure by the absolute psychotherapist-patient privilege in Ark. R. Evid. 503.On appeal, the court of appeals determined (1) the Arkansas privilege law did not absolutely shield the victim's therapy records, and the circuit court should have conducted an in camera review for favorable Brady evidence; and (2) the records did not satisfy Brady's materiality requirement. The Supreme Court vacated the court of appeals' judgment and affirmed Defendant's conviction, holding (1) the therapy records and communications were privileged under Rule 503; and (2) Defendant was not constitutionally entitled to disclosure of the privileged records. View "Vaughn v. State" on Justia Law

The Supreme Court affirmed the decision of the circuit court denying and dismissing Appellant's pro se petition for writ of habeas corpus, holding that the circuit court did not determining that Appellant failed to state grounds demonstrating probable cause that he was being illegally detained.In his petition, Appellant argued that the general principle in Miller v. Alabama, 567 U.S. 460 (2012) that mandatory life-without-parole sentences should not apply to juveniles under the age of eighteen should apply to him because he was still young and immature. The circuit court denied relief, finding that Miller has not be applied to extend relief to offenders over the age of eighteen. The Supreme Court affirmed, holding (1) the circuit court properly denied Appellant's petition for writ of habeas corpus; and (2) Appellant did not establish that he was entitled to a hearing. View "Benton v. Kelley" on Justia Law

The Supreme Court affirmed Defendant's conviction for various drug and drug-related offenses and sentencing him to an aggregate term of forty years' imprisonment, holding that the trial court did not abuse its discretion in admitting evidence of the presence of filmmakers at the search of Defendant's residence.When DEA officers and other law enforcement officers executed a warrant for the search of Defendant's home, they found drugs and drug paraphernalia. An HBO documentary film crew was present at the search under an agreement with law enforcement. The filmmakers did not participate in the search, nor did they include footage of the search in a documentary that later aired on HBO. On appeal from his convictions, Defendant argued, among other things, that the trial court abused its discretion by refusing to order the State to obtain the HBO video footage of the search of Defendant's home and to identify the filmmakers who were present. The Supreme Court affirmed, holding that the trial court (1) did not abuse its discretion in declining to order the State to obtain the video; (2) did not abuse its discretion in denying Defendant's request for a continuance; (3) did not abuse its discretion in granting the State's motion to exclude testimony about the film; and (4) erred in giving a nonmodel instruction, but the error was harmless. View "Harmon v. State" on Justia Law

In this action challenging the decision of the Arkansas Medical Marijuana Commission disqualifying Carpenter Farms Medical Group, LLC's application for a marijuana-cultivation facility the Supreme Court affirmed in part and reversed and dismissed in part the judgment of the circuit court denying the State's motion to dismiss based on sovereign immunity, holding that the complaint may go forward only under Ark. Code Ann. 25-15-207 and the declaratory judgment action alleging an equal protection violation.In its complaint, Carpenter Farms asserted (1) it was the only 100 percent minority-owned applicant and that the Commission singled out its application for disparate treatment in violation of equal protection guarantees; and (2) the Commission violated the Administrative Procedure Act by failing to adopt certain rules and improperly applying the rules it did adopt. The circuit court denied the State's motion to dismiss based on sovereign immunity. The Supreme Court reversed and dismissed in part, holding (1) the lawsuit cannot proceed regarding the Commission's application of its own rules or as an administrative appeal; and (2) Carpenter Farms can go forward with it claim that the Commission failed to adopt model rules and with its declaratory judgment action alleging an equal protection violation. View "Arkansas Department of Finance & Administration v. Carpenter Farms Medical Group, LLC" on Justia Law

In this appeal returning to the Supreme Court for a third time challenging an award of attorney's fees to Plaintiff in his illegal exaction lawsuit that successfully challenged the constitutionality of certain legislative acts (Acts), the Supreme Court held that the circuit court properly awarded attorney's fees.In his illegal exaction complaint Plaintiff alleged that the challenged Acts were unconstitutional. The trial court ultimately granted judgment in favor of Plaintiff. The parties then began sparring over attorney's fees. The circuit court eventually awarded attorney's fees but denied Plaintiff's request for prejudgment interest. The Supreme Court affirmed, holding that the circuit court did not abuse its discretion in awarding $323,266 in attorney's fees and did not err when it denied Plaintiff prejudgment interest. View "Walther v. Wilson" on Justia Law

The Supreme Court reversed the ruling of the circuit court denying the motion filed by Asa Hutchinson, the Governor of the State of Arkansas, to dismiss an action filed by Appellee, an inmate in the Arkansas Department of Correction, holding that the complaint was barred by sovereign immunity.Appellee filed a complaint challenging the constitutionality of the Fair Sentencing of Minors Act of 2017 (FSMA), codified at Ark. Code Ann. 16-93-621, alleging that the FSMA denied him equal protection and due process of law, subjected him to cruel and unusual punishments, and violated the Americans with Disabilities Act. The circuit court dismissed the action with respect to all defendants except Hutchinson in his official capacity. The Supreme Court reversed, holding that the circuit court erred in ruling that Appellee pleaded sufficient facts to overcome Hutchinson's defense of sovereign immunity. View "Hutchison v. Mcarty" on Justia Law