Justia Arkansas Supreme Court Opinion Summaries

In 1995, Grady McGowan was convicted of residential burglary. In 2020, he pleaded guilty to residential burglary again and was sentenced to nine years in prison with an additional eleven-year suspended sentence. His sentencing order noted that he might be ineligible for parole due to a prior felony conviction. The Arkansas Division of Correction initially determined McGowan was eligible for parole and provided him a parole hearing, but later rescinded this decision based on a 2022 opinion from the Arkansas Attorney General, which led to a recalculation of his parole-eligibility date.McGowan filed a petition in the Pulaski County Circuit Court seeking declaratory judgment on his parole eligibility under Act 683 of 2023. The circuit court granted declaratory relief in favor of McGowan, finding that the sentencing order did not expressly designate his ineligibility for parole as required by the statute. The court ordered the appellants to modify his parole-eligibility date but denied further relief, stating that McGowan's release was an issue for the Arkansas Post-Prison Transfer Board.The Arkansas Supreme Court reviewed the case and affirmed the circuit court's decision. The court held that McGowan's sentencing order did not contain the express designation required by Arkansas Code Annotated section 16-93-609(b)(2)(B) to render him ineligible for parole. The court also declined to remand the case for the sentencing order to be amended nunc pro tunc. The decision was consistent with the court's reasoning in a companion case, Rodgers v. Arkansas Parole Board. View "Post-Prison Transfer Board v. McGowan" on Justia Law

Petitioners, Bill Paschall and Arkansans for Patient Access (APA), sought a declaration from the court that the ballot title for the proposed "Medical Marijuana Amendment of 2024" was sufficient and requested that votes for the amendment be counted in the November 5, 2024, general election. The proposed amendment aimed to expand access to medical marijuana and included provisions for legalizing marijuana possession for all purposes if federal law changes. The Secretary of State, John Thurston, and intervenors, Jim Bell and Protect Arkansas Kids (PAK), opposed the petition, arguing that the proposal was insufficient due to misleading language and failure to meet signature requirements.The Secretary of State rejected APA's petition on the grounds that APA did not meet the 90,704 minimum-signature requirement, as affidavits were signed by individuals from Nationwide Ballot Initiative (NBA) rather than APA. PAK argued that the popular name and ballot title were misleading, as they did not inform voters about the amendment's broader implications, including the legalization of recreational marijuana and changes to the Arkansas Constitution unrelated to medical marijuana.The Supreme Court of Arkansas reviewed the case and found that the Secretary of State erred in rejecting the petition based on the signature requirement, as APA's delegation to NBA was permissible under Arkansas law. However, the court agreed with PAK that the popular name and ballot title were misleading. The court held that the proposed amendment's popular name suggested it was limited to medical marijuana, while it also sought to legalize recreational marijuana and amend unrelated constitutional provisions. The ballot title failed to adequately inform voters about these significant changes.The Supreme Court of Arkansas denied the petitioners' request, granted the intervenors' request for relief, and enjoined the Secretary of State from canvassing or certifying any ballots cast for the proposed amendment in the November 5, 2024, general election. View "PASCHALL V. THURSTON" on Justia Law

In this case, the appellants, members of the Crittenden County Board of Election Commissioners, appealed a decision by the Crittenden County Circuit Court. The appellees, Shirley Brown and Lavonda Taylor, filed a petition seeking to compel the Board to conduct early voting at specific locations for the 2024 General Election. The Board had failed to unanimously approve an early voting site in West Memphis, leading the County Clerk, Paula Brown, to designate the Seventh Street Church of Christ as an early voting site. The appellees also sought to maintain the First Baptist Church as an early voting site, as it had been used in the 2022 General Election.The Crittenden County Circuit Court partially granted the appellees' petition, ordering the Board to conduct early voting at the Church of Christ but denied the request to include the First Baptist Church. The court found that the County Clerk had the authority under Arkansas Code Annotated section 7-5-418(a)(1)(A) to designate the Church of Christ as an early voting site. However, it ruled that the statute requiring polling sites to remain the same as the previous general election did not apply to early voting sites.The Arkansas Supreme Court reviewed the case and affirmed the circuit court's decision with modifications. The Supreme Court agreed that the County Clerk had the authority to designate the Church of Christ as an early voting site. However, it modified the writ of mandamus to clarify that the Board must only comply with its statutory duties regarding early voting conducted by the County Clerk. On cross-appeal, the Supreme Court reversed the circuit court's decision, holding that the First Baptist Church must remain an early voting site for the 2024 General Election, as the Board had not voted to change it from the 2022 General Election. View "Barton v. Brown" on Justia Law

The case involves a petition filed by Jennifer McGill and Cherokee Nation Entertainment, LLC (CNE) seeking to invalidate a proposed constitutional amendment concerning the Pope County casino license. The petitioners argued that the Arkansas Secretary of State, John Thurston, improperly certified the proposed amendment. They claimed that the number of valid signatures was insufficient and that the popular name and ballot title were misleading. Local Voters in Charge (LVC) and Jim Knight intervened in the case, supporting the proposed amendment.Previously, the Arkansas Supreme Court granted expedited consideration of the petition and allowed the intervention. The court bifurcated the proceedings into two counts: the sufficiency of the signatures and the sufficiency of the popular name and ballot title. A Special Master was appointed to resolve factual disputes regarding the signatures, which were addressed in a separate opinion. This opinion focuses on the challenges to the popular name and ballot title.The Arkansas Supreme Court reviewed the popular name and ballot title certified by the Attorney General. The court held that the popular name and ballot title were sufficient and not misleading. The court found that the ballot title adequately informed voters that any existing casino license in Pope County would be revoked if the amendment passed. The court also rejected arguments that the popular name and ballot title failed to disclose conflicts with federal law or that they misled voters about the amendment's impact on future constitutional amendments.Ultimately, the Arkansas Supreme Court denied the petition, allowing the proposed amendment to remain on the ballot for the November 5, 2024, general election. The court issued its mandate immediately. View "MCGILL V. THURSTON" on Justia Law

Bryan Norris submitted a countywide ballot initiative in Independence County, Arkansas, proposing that all elections be conducted using paper ballots. The County Clerk, Tracey Mitchell, rejected the initiative, claiming the ballot title was misleading. Norris then filed a petition for writ of mandamus and declaratory and injunctive relief in the Independence County Circuit Court, challenging Mitchell's decision. The circuit court found the ballot title and popular name legally sufficient, granted the writ of mandamus, and directed Mitchell to certify the ballot initiative. Mitchell was also enjoined from rejecting the measure.Mitchell appealed the circuit court's decision, arguing that the ballot title was insufficient because it omitted and misstated material information, potentially leading voters to enact an ordinance conflicting with Arkansas law. Specifically, she contended that the ballot title failed to disclose that the proposed ordinance conflicted with state statutes requiring the use of tabulation devices for paper ballots and did not inform voters about the existing legal methods for casting and counting votes.The Supreme Court of Arkansas reviewed the case, noting that the sufficiency of a ballot title is a matter of law. The court emphasized that a ballot title must provide an impartial summary of the proposed amendment, giving voters a fair understanding of the issues and the scope of the proposed changes. The court found that the ballot title did not need to include every possible consequence or legal argument and that Mitchell's concerns were speculative. The court concluded that Mitchell did not meet her burden of proving the ballot title was insufficient and affirmed the circuit court's order directing Mitchell to certify the measure as sufficient to the county election board. The decision was affirmed, and the mandate was issued immediately. View "MITCHELL V. NORRIS" on Justia Law

Petitioners Lauren Cowles and Arkansans for Limited Government (AFLG) filed an original action against John Thurston, Arkansas Secretary of State, after the Secretary rejected their petition for the Arkansas Abortion Amendment of 2024. AFLG sought the court's intervention to overturn the Secretary's decision, vacate the insufficiency determination, and order the Secretary to count all submitted signatures.The Secretary argued that the court lacked jurisdiction, claiming the rejection was for "want of initiation" rather than insufficiency. The Arkansas Supreme Court disagreed, asserting jurisdiction under the Arkansas Constitution. The court denied the Secretary's motion to dismiss.The core issue was AFLG's failure to comply with statutory requirements for paid canvassers. AFLG admitted it did not submit the required paid canvasser training certification with the petition. The court held that this failure was fatal to the petition's validity. The court ordered the Secretary to count signatures collected by volunteer canvassers but upheld the rejection of signatures collected by paid canvassers due to the missing certification.The Arkansas Supreme Court concluded that AFLG did not meet the required number of valid signatures to proceed. The court denied further relief to AFLG, affirming the Secretary's decision to reject the petition based on the statutory non-compliance. The petition was granted in part and denied in part, with the mandate to issue immediately. View "COWLES V. THURSTON" on Justia Law

The case revolves around a dispute over the constitutionality of two Arkansas statutes that mandate the creation of certain county-funded employee positions to serve three of the seventeen judicial-district divisions within the Sixth Judicial Circuit serving Pulaski and Perry Counties. The funding for these positions was initially part of the 2023 budget, authorized by Pulaski County Ordinance No. 22-OR-45. However, Pulaski County Judge Barry Hyde later announced his decision not to fill some of the vacant positions within the Fifth Division. This led to a lawsuit by then-sitting Fifth Division Circuit Judge Wendell Griffen and his successor in office, Judge-elect LaTonya Austin Honorable, against Judge Hyde, seeking a judicial remedy to mandate the filling of these positions as appropriated in the 2023 budget.The case was first heard in the Pulaski County Circuit Court, where Judge Hyde contended that the two statutes in question are unconstitutional as special and local legislation under amendment 14 of the Arkansas Constitution. The circuit court ruled in favor of Judge Hyde, declaring the statutes unconstitutional because they apply only to specific divisions rather than all divisions in the Sixth Judicial Circuit. The court also dismissed arguments of estoppel raised by Judge-elect Honorable, finding that Pulaski County’s previous funding of these positions did not preclude it from now challenging the constitutionality of the statutes.Upon appeal, the Supreme Court of Arkansas affirmed the lower court's decision. The Supreme Court held that both statutes violate amendment 14’s prohibition on local and special acts, as they arbitrarily apply specifically to the employment of certain personnel for the First, Fourth, and Fifth Divisions of the Sixth Judicial Circuit rather than uniformly across the district or the state. The court also rejected the argument of estoppel, stating that the County should not be punished for its previous compliance with the law and should not be estopped from bringing this constitutional challenge. View "Austin v. Hyde" on Justia Law

The case revolves around a dispute between the City of Helena-West Helena and its Mayor, Christopher Franklin, and a resident, Greg Williams. The dispute arose when the Helena-West Helena City Council passed two ordinances, one increasing the conflict-of-interest limit for contracts signed with the City and the other raising the mayor's base pay. The then-mayor, Kevin Smith, vetoed both ordinances, citing the timing of the meeting as an attempt to circumvent the new city council. When Mayor Franklin took office, he attempted to rescind Smith's veto, stating that the ordinances should become law.The Phillips County Circuit Court had previously granted Williams's request for declaratory relief, ruling that the previous mayor's veto of the two city ordinances was proper. The court found that Smith had timely and properly executed a veto regarding the ordinances and that his veto was not overridden by a two-thirds vote of the City Council. As a result, the court declared all actions taken by the Council on December 30, including the passage of the two ordinances, null and void.The Supreme Court of Arkansas affirmed the lower court's decision. The court disagreed with the appellants' argument that Smith's veto was ineffective due to his failure to comply with the statutory requirements. The court found that Smith had complied with the statute by timely vetoing the Council's actions and filing a written statement of his reasons for the veto prior to the next regular Council meeting. The court also disagreed with the appellants' interpretation of the statute, stating that the statute does not affirmatively require that the mayor's reasons for the veto be presented to the Council in order to effectuate the veto. View "CITY OF HELENA-WEST HELENA v. WILLIAMS" on Justia Law

This case involves a dispute between Union Pacific Railroad Company and its employee, Randy G. Franklin. Franklin, a long-time employee of Union Pacific, brought a gun to work and stored it in his locked vehicle, which was parked in Union Pacific's parking lot. This action was in compliance with Arkansas law, but violated Union Pacific's company policy that bans employees from carrying firearms onto its property. As a result, Union Pacific terminated Franklin's employment, which was later reduced to a lengthy suspension by an arbitration panel.Union Pacific filed a declaratory-judgment action in federal court, seeking a declaration that Arkansas Code Annotated section 11-5-117, which allows employees to store firearms in their vehicles on their employer's property, is preempted by the Federal Employers’ Liability Act (FELA) when applied to Union Pacific parking lots in Arkansas. Franklin counterclaimed, seeking a declaratory judgment that Union Pacific must allow him to bring his firearm onto railroad property, as long as the firearm is legally possessed for a lawful purpose and stored out of sight in his locked car.The United States District Court for the Eastern District of Arkansas certified a question to the Supreme Court of Arkansas: whether the prohibitions in Arkansas Code Annotated section 11-5-117 are severable from the liability-immunity provisions in section 16-120-802(a) such that section 11-5-117 would still apply when the liability-immunity provisions of section 16-120-802(a) cannot apply.The Supreme Court of Arkansas answered the certified question in the affirmative. The court found that section 11-5-117, which protects the rights of employees to store firearms in their vehicles on their employer's property, is not dependent on the liability-immunity provisions of section 16-120-802. Therefore, even if the latter is preempted by FELA, section 11-5-117 is not likewise preempted. The court concluded that regardless of whether FELA preempts section 16-120-802(a), section 11-5-117 still applies. View "UNION PACIFIC RAILROAD COMPANY V. FRANKLIN" on Justia Law

The case revolves around a dispute over a medical marijuana cultivation license issued by the Arkansas Medical Marijuana Commission to Bennett Scott “Storm” Nolan II. 2600 Holdings, LLC, an unsuccessful applicant for the same license, filed a lawsuit against the Commission and other state entities, alleging that Nolan's application did not meet the minimum merit selection criteria and that the Commission violated its own rules and the Arkansas Constitution in awarding the license to Nolan. Nolan was not initially named as a defendant or joined as a party in the lawsuit.The Pulaski County Circuit Court denied Nolan's multiple motions to join the lawsuit as an indispensable party under Rule 19(a) of the Arkansas Rules of Civil Procedure and granted summary judgment in favor of 2600 Holdings. The court ruled that the Commission had exceeded its discretion and violated the Arkansas Constitution and its own rules in awarding the license to Nolan.On appeal, the Supreme Court of Arkansas reversed the lower court's decision, finding that Nolan was indeed an indispensable party under Rule 19(a)(2). The court held that the lower court erred in not joining Nolan as an indispensable party to the litigation. As a result, the court vacated the order granting summary judgment to 2600 Holdings and remanded the case for further proceedings. The court did not address Nolan's remaining issues as they were deemed moot due to the reversal and remand. View "Nolan v. 2600 Holdings, LLC" on Justia Law