Justia Arkansas Supreme Court Opinion Summaries
Articles Posted in Criminal Law
White v. Payne
The Supreme Court affirmed the judgment of the circuit court dismissing Petitioner's petition for a writ of habeas corpus, holding that the circuit court did not err in concluding that Petitioner had failed to state a ground for the writ.Petitioner pled guilty to rape and aggravated robbery and was sentenced as a habitual offender. In his habeas corpus petition, Petitioner alleged that he was innocent of the offense of rape, that the State maliciously applied the habitual offender statute in violation of the Eighth Amendment, and that the Arkansas statute requiring that he serve 100 percent of his sentence was unconstitutional. The circuit court found that the claims were not cognizable in habeas and noted that parole eligibility falls within the domain of the executive branch. The Supreme Court affirmed, holding that the circuit court did not err. View "White v. Payne" on Justia Law
Cullen v. State
The Supreme Court affirmed the judgment of the circuit court denying Appellant's petition for leave to proceed in forma pauperis, for extraordinary writ, and to set aside and vacate his judgment, holding that Appellant failed to allege facts to support his claim that he was entitled to an extraordinary writ or to have his sentence vacated.Appellant pled guilty to second degree sexual assault and sentenced to seventy-two months' imprisonment. Appellant later filed a petition for leave to proceed in forma pauperis seeking to file an extraordinary writ to change his sex-offender registration agency. Appellant also filed a motion to set aside or vacate judgment. The circuit court denied hisrelief. The Supreme Court affirmed, holding that the circuit court did not err in finding that Appellant failed to state a cause of action upon which relief could be granted and that the petitions failed to assert any grounds for which Appellant could successfully pursue those claims. View "Cullen v. State" on Justia Law
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Criminal Law
Burnett v. State
The Supreme Court dismissed this petition brought by Petitioner for writ of certiorari and writ of habeas corpus alleging that the circuit court violated Ark. R. Crim. P. 8 and 9, holding that the petition was moot.The State charged Petitioner with criminal use of a prohibited weapon and criminal acts involving explosives or a destructive device. Thereafter a grand jury indictment was filed in federal district court alleging that Petitioner knowingly made a destructive device and knowingly possessed a destructive device. Petitioner pled guilty to one count of aiding and abetting the possession of a destructive device. Thereafter, Petitioner filed this petition for writ of certiorari and habeas corpus. The State's charges against Petitioner were subsequently nol-prossed. In his petition, Petitioner alleged that he appeared without counsel at his pretrial bail hearing, in violation of rule 9.2, and that the circuit court failed to make specific findings when setting his bail. The Supreme Court dismissed the petition, holding that Petitioner's claims were moot. View "Burnett v. State" on Justia Law
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Criminal Law
Ward v. State
The Supreme Court affirmed Defendant's conviction of first-degree murder and aggravated assault on a law enforcement officer, holding that the circuit court did not err in denying Defendant's motions for directed verdict on both charges.Defendant was charged with capital murder with an enhancement for using a firearm and other offenses. After a jury trial, Defendant was convicted of the lesser-included offense of first-degree murder, aggravated assault on a law enforcement officer, possession of a defaced firearm, resisting arrest, fleeing, and obstructing governmental operations. Defendant was sentenced to an aggregate term of two life sentences. The Supreme Court affirmed, holding the circuit court did not err in denying Defendant's motions for directed verdict as to his convictions for first-degree murder and aggravated assault on a law enforcement officer because there was sufficient proof presented to the jury that Defendant was capable of forming the requisite mental state given his provisional diagnosis of schizophrenia. View "Ward v. State" on Justia Law
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Criminal Law
Bridges v. State
The Supreme Court affirmed Appellant's conviction of capital murder, aggravated robbery, theft of property, and a firearm sentencing enhancement, holding that Appellant was not entitled to relief on his allegations of error.After a jury trial, Appellant was convicted of the above crimes and sentenced to an aggregate term of life imprisonment without parole plus ten years. The Supreme Court affirmed his convictions and sentences, holding (1) Appellant's challenge to the sufficiency of the evidence based on the State's failure to negate his justification defense was unpreserved; (2) Appellant's argument that the trial court erroneously denied his motion for a mistrial was unpreserved for appeal; and (3) the circuit court did not abuse its discretion in refusing to submit certain language in its justification instruction to the jury. View "Bridges v. State" on Justia Law
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Criminal Law
Doerhoff v. State
The Supreme Court affirmed the judgment of the trial court convicting Appellant of first-degree murder and sentencing him to a term of life imprisonment, holding that Appellant was not entitled to relief on his allegations of error.On appeal, Appellant argued that the circuit court erred by giving a non-model jury instruction regarding justification and by refusing to give his proffered jury instruction regarding excessive force. The Supreme Court disagreed and affirmed, holding that the circuit court (1) did not abuse its discretion in submitting a non-model jury instruction to the jury; and (2) did not abuse its discretion in refusing to submit Appellant's proffered no-model excessive force instruction to the jury. View "Doerhoff v. State" on Justia Law
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Criminal Law
Bishop v. State
The Supreme Court affirmed Defendant's conviction, rendered after a jury trial, of capital murder and his sentence of life imprisonment without parole, holding that Defendant was not entitled to relief on his allegations of error.Specifically, the Supreme Court held that the circuit court (1) did not err by denying Defendant's motions to suppress evidence from the traffic stop because law enforcement had reasonable suspicion that Defendant was a felon in possession of a firearm; (2) did not err in denying Defendant's motions to suppress evidence from his detention and arrest because the same facts that provided reasonable suspicion for the initial stop provided reasonable suspicion for his pat-down and arrest; and (3) did not err by permitting the State to introduce videos containing statements made by law enforcement officers. View "Bishop v. State" on Justia Law
Cherokee Nation Businesses, LLC v. Gulfside Casino Partnership
The Supreme Court affirmed the judgment of the circuit court concluding that the Arkansas Racing Commission's (ARC) decision to award the Pope County casino license to Cherokee Nation Business, LLC (CNB) and Legends Resort and Casino, LLC (Legends) was a "legal nullity, void and of no effect," holding that there was no error.Gulfside Casino Partnership sought a declaratory judgment that the ARC's actions in awarding the license to CNB and Legends were unconstitutional, constituted and ultra vires act, and violated the Administrative Procedure Act. The circuit court granted summary judgment for Gulfside, ruling that the ARC acted ultra vires, in violation of amendment 100 to the Arkansas Constitution. The Supreme Court affirmed, holding that the ARC acted ultra vires in issuing the license to CNB. View "Cherokee Nation Businesses, LLC v. Gulfside Casino Partnership" on Justia Law
Madole v. State
The Supreme Court affirmed Defendant's convictions and sentences for aggravated residential burglary, attempted first-degree murder, first-degree battery, residential burglary, breaking or entering, theft of a firearm, and second-degree criminal impersonation, holding that Defendant was not entitled to relief on his allegations of error.On appeal, Defendant's attorney, pursuant to Anders v. California, 386 U.S. 738 (1967), and Arkansas Supreme Court Rule 4-3(b), filed a motion to withdraw as counsel and a no-merit brief stating that any issues raised on appeal would be "wholly frivolous." The Supreme Court affirmed Defendant's convictions and sentence and granted counsel's motion to withdraw, holding that the pro se points submitted by Defendant for consideration by the Court were unavailing. View "Madole v. State" on Justia Law
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Criminal Law
Wilder v. State
The Supreme Court affirmed the judgment of the circuit court convicting Defendant of two counts of rape, three counts of first-degree sexual assault, and two counts of sexual indecency with a child and sentencing him to two terms of life imprisonment, holding that Defendant was not entitled to relief on his allegations of error.On appeal, Defendant argued, among other things, that the circuit court abused its discretion by admitting testimony of a certain witness under the pedophile exception to Ark. R. Evid. 404(b). The Supreme Court affirmed, holding (1) Defendant's first argument was not preserved for appellate review; (2) Defendant's argument that the circuit court erred in denying his motion for a mistrial was not preserved; and (3) the circuit court did not err in excluding evidence of the victims' prior sexual conduct pursuant to the rape-shield statute set forth in Ark. Code Ann. 16-42-101(c). View "Wilder v. State" on Justia Law