Justia Arkansas Supreme Court Opinion Summaries

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

The Supreme Court reversed the judgment of the circuit court dismissing Plaintiff's legal malpractice complaint against Defendants, her attorneys, holding that the circuit court abused its discretion in granting Defendants' motions to dismiss and finding that Plaintiff failed to plead facts sufficient to toll the running of the statute of limitations on fraudulent concealment.Plaintiff retained Defendants to file negligence lawsuit. Defendants later informed Plaintiff they had committed malpractice by serving a deficient summons. Plaintiff subsequently filed a legal malpractice lawsuit alleging that Defendants fraudulently concealed their malpractice by keeping the appearance that Plaintiff's lawsuit was still alive. The circuit court dismissed the complaint, concluding that Plaintiff failed to plead sufficient facts to allege fraudulent concealment. The Supreme Court reversed, holding (1) silence amounts to a positive act of fraud when there is a confidential or fiduciary relationship; and (2) Plaintiff's complaint pled sufficient facts to establish fraudulent concealment and survive a motion to dismiss. View "Nichols v. Swindoll" on Justia Law

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

The Supreme Court dismissed this appeal arising from a circuit court order denying Appellants' petition for declaratory judgment and writ of mandamus relief seeking relief related to the Forrest City 2022 city council election, holding that the issue on appeal was moot.On the day of the election at issue, Appellants filed a pre-election challenge to the eligibility of Jim Bailey, Jr., who had entered the race for a position on the city council. The election took place, and Bailey won. The court ordered a stay on certifying the election results until it could rule on Appellants' challenge. The circuit court subsequently authorized Bailey to remain in office. The Supreme Court dismissed Appellants' appeal, holding that the question of Bailey's eligibility was moot, and none of the exceptions for mootness applied in this case. View "Humphrey v. Long" on Justia Law

The Supreme Court affirmed Defendant's conviction of capital murder and his sentence to life in prison, holding that substantial evidence supported the conviction.After a jury trial, Defendant was convicted of the murder of his ex-wife and sentenced to life imprisonment. As his sole point on appeal, Defendant argued that there was insufficient evidence supporting his conviction, and therefore, the trial court erred in denying his motion for a directed verdict. The Supreme Court disagreed and affirmed, holding that there was substantial evidence to support Defendant's capital murder conviction, and there was no error with respect to the jury's rejection of Defendant's affirmative defense argument. View "Wofford v. State" on Justia Law

The Supreme Court reversed the ruling of the circuit court finding that the emergency clause contained within Act 237 of 2023 (the LEARNS Act) did not receive a separate roll-call vote as required under the Arkansas Constitution, rendering the clause procedurally invalid, holding that Arkansas General Assembly complied with Ark. Const. V, 1 when it enacted the LEARNS Act emergency clause.After the General Assembly passed the LEARNS Act the legislation was sent the Governor, who signed it into law. Appellees brought the underlying complaint seeking a declaration that the Act's emergency clause, under which certain provisions became effective on the date of the Governor's approval, was invalid. Upon remand, the circuit court declared the LEARNS Act emergency clause invalid because it did not receive a separate roll-call vote. The Supreme Court reversed, holding that the emergency clause was passed in compliance with article 5, section 1. View "Ark. Dep't of Education v. Jackson" on Justia Law

The Supreme Court denied a petition for writ of certiorari and/or prohibition requesting relief from the Court after the circuit court denied Petitioner's motions to dismiss the charges against him, holding that an extraordinary writ was not necessary in this case.Petitioner, who was charged with aggravated robbery and other charges, moved to dismiss the charges for a violation of his right to a speedy trial pursuant to Ark. R. Crim. P. 28.1, asserting that he was not brought to trial within twelve months from the date of his arrest. Petitioner also filed a motion to dismiss for lack of jurisdiction, alleging that the juvenile division retained exclusive jurisdiction. The circuit court denied both motions. The Supreme Court denied Petitioner's ensuing petition for writ of certiorari and/or prohibition, holding that the circuit court did not err in denying Petitioner's motions to dismiss for lack of jurisdiction and for violation of his speedy-trial rights. View "Tilson v. State" on Justia Law

The Supreme Court affirmed the judgment of the circuit court denying Defendant's petition and amended petition for declaratory judgment and writ of mandamus wherein Defendant alleged that the Arkansas Department of Correction illegally changed his discharge date, holding that the circuit court correctly denied the petition and amended petition.After being sentenced in 2007, Defendant was paroled in 2015. Defendant was taken into custody a year later. In his petition and amended petition Defendant alleged that after revocation of his parole and his return to prison, he was informed that his discharge date had been illegally moved. The circuit court denied the petition for failure to state a claim for relief. The Supreme Court affirmed, holding that the circuit court did not abuse its discretion when it denied Defendant's petitions for declaratory judgment and writ of mandamus. View "Andrews v. Payne" on Justia Law

The Supreme Court remanded this case to the circuit court, holding that remand was required to accurately settle the record, specifically concerning Defendant's exhibit 1, a conventionally-filed physical disk that was submitted as part of the record but contained no files.Defendant was convicted of first-degree murder and sentenced to life imprisonment with a fifteen-year enhancement for firearm use. At issue on appeal was whether the circuit court erred in denying Defendant's motion for a mistrial during the guilt phase of trial. The Supreme Court remanded the case, holding that remand was required to rectify gaps in the record. View "Petty v. State" on Justia Law

The Supreme Court affirmed the judgment of the circuit court denying and dismissing Appellant's two petitions for declaratory judgment and writ of mandamus wherein Appellant asked the circuit court to declare that he was entitled to parole and to direct his release on parole from the Arkansas Division of Correction (ADC), holding that there was no error.Appellant filed petitions for declaratory judgment and writ of mandamus asserting that the ADC violated Ark. Code Ann. 16-93-615(h), which was codified as section 16-93-1302(f) at the time Appellant committed the crime of rape, by denying him parole. The circuit court dismissed the petition, concluding that the issues raised therein was been addressed and resolved in Carroll v. Hobbs, 442 S.W.3d 834 (Ark. 2014). The Supreme Court affirmed, holding that the circuit court did not clearly err or abuse its discretion by denying and dismissing Appellant's petitions for declaratory and mandamus relief. View "Carroll v. Payne" on Justia Law