Justia Arkansas Supreme Court Opinion Summaries

Articles Posted in Family Law
by
In this case, the appellant, William Nelson, appealed his conviction of first-degree domestic battery by a Lonoke County jury in the Supreme Court of Arkansas. He raised seven points on appeal: (1) substantial evidence did not support his conviction; (2) the circuit court’s refusal to recuse was an abuse of discretion; (3) the circuit court improperly denied his Batson objection; (4) the circuit court abused its discretion by limiting questions regarding sentencing during voir dire; (5) the circuit court allowed inadmissible prior-bad-acts evidence to be introduced; (6) refusal to dismiss a juror for-cause during trial was an abuse of discretion; and (7) the circuit court improperly restricted expert witness testimony or, alternatively, erred by denying a motion for a continuance to obtain a new expert. The State cross-appealed, arguing that the circuit court misinterpreted the statutory requirement to support a sentencing enhancement and improperly granted Nelson’s directed-verdict motion on the issue.The court affirmed Nelson's conviction on all points. It found that substantial evidence supported the conviction and the circuit court did not abuse its discretion in any of the contested decisions. In the cross-appeal, the court dismissed the State's appeal, ruling that it did not present an issue of interpretation of the criminal rules with widespread ramifications and the resolution of the issue turned on the facts unique to the case. View "NELSON v. STATE OF ARKANSAS" on Justia Law

by
In this case heard by the Supreme Court of Arkansas, Jacoby Goehler was convicted by a jury for the first-degree murder of Davidlee Stansbury and sentenced to life in prison plus fifteen years. Goehler appealed his conviction on several grounds including the admission of incriminating statements made in police custody without his attorney present, denial of his motion to change venue, admission of testimony from his wife, and admission of a photograph of the victim. He also disputed the court's refusal to provide jury instructions on lesser-included offenses of manslaughter and second-degree murder.The Supreme Court of Arkansas affirmed the lower court's decision on each point. The Court stated that Goehler failed to preserve his argument about his incriminating statements for appeal. It held that the trial court did not abuse its discretion in denying a change of venue because the court was able to select an impartial jury. It also found that the spousal privilege did not apply to the testimony of Goehler's wife because the facts she testified about were not privileged. The Court ruled that the admission of the photograph of the victim was not an abuse of discretion because it aided the jury in understanding the consequence of Goehler's actions. Lastly, the Court found no error in the trial court's refusal to provide jury instructions on manslaughter and second-degree murder because there was no rational basis for acquitting Goehler of first-degree murder and instead convicting him of the lesser offenses. View "GOEHLER v. STATE OF ARKANSAS" on Justia Law

by
The Supreme Court denied this petition for a writ of certiorari seeking to challenge the validity of a decision of the circuit court ordering attorney Helen Grinder to refund her client William Campbell $10,000 as a condition as her withdrawal, holding that Grinder had an adequate alternate remedy available.Grinder charged $10,000 to represent Campbell in an ex parte petition for a change in custody. Campbell prevailed and then fired Grinder. Grinder sought formally to withdraw as Campbell's counsel, but Campbell opposed the withdrawal on the grounds that Grinder retained unearned fees. The circuit court subsequently issued an order granting Grinder's motion to withdraw on the condition that she refund $10,000 of allegedly unearned fees to Campbell. Grinder filed a petition for a writ of certiorari and sought a stay. The Supreme Court denied the writ, holding that there was an adequate remedy other than a writ of certiorari for her to challenge the circuit court's fee adjudication. View "Grinder v. Campbell" on Justia Law

by
The Supreme Court reversed the order of the circuit court setting Appellant's support obligation above the amount indicated by the latest version of Arkansas Supreme Court Administrative Order No. 10 - Child Support Guidelines, holding that the court erred in its calculation of Appellant's child support obligation.At issue before the Supreme Court was construction of new provisions in the guidelines setting support when a child's parents earn more than $30,000 per month. In this case, the court concluded that $6500 was an appropriate monthly support obligation. Appellant appealed, arguing that the circuit court erred by ordering support that exceeded the highest chart amount. The Supreme Court reversed, holding that the trial court's ruling constituted a clear error of law and that the court's findings were not consistent with the plain language of revised Administrative Order No. 10. View "Parnell v. Arkansas Department of Finance & Administration" on Justia Law

Posted in: Family Law
by
The Supreme Court affirmed the circuit court's order granting Father's motion for modification of custody of the parties' daughter, holding that the court did not err in modifying the previous custody order after finding that Father's change in employment and move to Little Rock constituted a material change in circumstances.A previous order of the circuit court awarded joint custody of the child to the parties and provided a specific visitation schedule. Father later filed an amended complaint for contempt and for modification. The circuit court found that Mother was not in contempt of court but concluded that Father's change in employment and move to Little Rock constituted a material change in circumstances that warranted modification of child custody to grant Father equal time with the child. The Supreme Court affirmed, holding that the circuit court's decision to reallocate time was not an abuse of discretion. View "Nalley v. Adams" on Justia Law

Posted in: Family Law
by
The Supreme Court reversed the order of the circuit court denying mother's motion to prohibit the Arkansas Department of Human Services (ADHS) from immunizing her one-year-old daughter, M.S., over her objection after the circuit court adjudicated M.S. dependent-neglected, holding that Mother properly availed herself of the vaccination exemption provided for by Ark. Code. Ann. 6-18-702.On appeal, Mother argued that ADHS, as the temporary custodian of M.S., did not have the authority to immunize the child over her philosophical and religious objections. The Supreme Court reversed, holding (1) under the circumstances, the legal issues were sufficiently developed to allow an intelligent and useful decision, and therefore, the case was ripe for appellate review; and (2) Mother exercised her right to exempt M.S. from immunization, as was her right as a parent. View "Macklin v. Arkansas Department of Human Services" on Justia Law

by
The Supreme Court reversed and dismissed the adoption order of the circuit court, holding that the circuit court erred in determining that Father's consent was not required in the adoption of his two minor children to their natural mother and her husband.Under Ark. Code Ann. 9-9-207(a)(2)(ii) consent is not required of a parent of a child in the custody of another if that period, for a period of at least one year, has failed significantly to provide for the care and support of the child as required by law or judicial decree. Mother and her husband sought to adopt the two minor children of Mother and Father, alleging that Father's consent was not required under section 9-9-207(a)(2)(ii). The circuit court granted the adoption petition. The Supreme Court reversed, holding that the circuit court clearly erred in finding that Father's consent to the adoption was not required based on the failure to provide for the care and support of the children for a period of one year. View "Plymale v. Rogers" on Justia Law

Posted in: Family Law
by
The Supreme Court affirmed in part and dismissed in part the divorce decree and orders of contempt of the circuit court in this divorce case, holding that the circuit court did not err or abuse its discretion.Specifically, the Supreme Court held that the circuit court (1) did not err in calculating Appellant's child-support obligation at $800 per month and imputing income to Appellant; (2) did not abuse its discretion in awarding alimony to Appellee; (3) did not clearly err in failing to consider a mediation agreement; and (4) did not clearly err in holding Appellant in contempt for failure to pay child support. Lastly, the Supreme Court held Appellant failed to preserve for appeal his remaining argument. View "Symanietz v. Symanietz" on Justia Law

Posted in: Family Law
by
The Supreme Court affirmed a divorce decree that awarded Rhonda Marlene Cherry permanent alimony and a subsequent order that found William Cherry in contempt for failing to pay the full amount of alimony ordered, holding that the circuit court did not err.Specifically, the Supreme Court held that the circuit court (1) did not abuse its discretion by not reducing or eliminating the amount of alimony that Rhonda was to receive; (2) did not clearly err in holding William in contempt; (3) did not clearly err in finding that annuities from a personal injury settlement were not divisible as marital property; and (4) did not err in failing to order William to purchase a life insurance policy. View "Cherry v. Cherry" on Justia Law

Posted in: Family Law
by
The Supreme Court affirmed the order of the circuit court denying Father's petition to modify a joint custody order and give him primary custody of his minor daughter and denying Mother's petition for attorney fees, holding that the circuit court did not err.In the parties' divorce decree, the circuit court ordered joint custody of the child with each parent to have physical custody of the child on alternating weeks. Father later the petition for change of custody that was at issue in this appeal. The circuit court found a material change of circumstances but concluded that the best interest of the child required it to maintain the status quo. The Supreme Court affirmed, holding (1) there was no clear error in the circuit court's decision to maintain the joint-custody arrangement; and (2) the circuit court did not abuse its discretion in not awarding Mother attorney's fees. View "Pace v. Pace" on Justia Law

Posted in: Family Law