Justia Arkansas Supreme Court Opinion Summaries

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Bellot Doucoure was convicted of three counts of raping his minor child and sentenced to life in prison. The victim testified that Doucoure raped her approximately twenty times, claiming it was required by his religion. Scientific evidence supported her testimony, with Doucoure’s DNA found on the victim’s bedsheets and the victim’s DNA on Doucoure’s underwear. The victim also testified about receiving text messages from a supposed therapist, who encouraged her to continue having sex with Doucoure. She later realized the therapist was Doucoure himself. Additional testimonies from Courtney Doucoure and Connie Stave corroborated the victim’s disclosures about the abuse.The Benton County Circuit Court, First Division, presided over the trial. The jury found Doucoure guilty on all counts. Doucoure appealed, challenging the sufficiency of the evidence and the admission of hearsay testimony. He argued that inconsistencies in the victim’s testimony and the circumstantial nature of the evidence should have led to a different verdict.The Arkansas Supreme Court reviewed the case. The court held that the victim’s testimony alone constituted substantial evidence to support the convictions, as the jury is responsible for resolving inconsistencies and assessing witness credibility. The court also found that the circuit court did not abuse its discretion in admitting limited hearsay testimony from Connie Stave. The defense had opened the door to this testimony during cross-examination, and the circuit court appropriately limited the scope of Stave’s statements.The Arkansas Supreme Court affirmed the convictions and sentences, finding no prejudicial error in the record. View "Doucoure v. State" on Justia Law

Posted in: Criminal Law
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Lee Earnest Clarks, 2nd was stopped by police for running a stop sign. During the stop, the officer smelled marijuana and found marijuana, methamphetamine, and drug paraphernalia in the vehicle. A firearm was also found in a passenger’s purse. Clarks was charged with multiple felonies, including possession of methamphetamine with intent to deliver and possession of a firearm by a felon. Clarks filed a motion for discovery, including a request to preserve evidence. Upon learning that the State did not preserve video evidence from the stop, Clarks moved to dismiss the charges.The Pulaski County Circuit Court held a hearing where it was revealed that the video evidence was overwritten after 60 days due to standard police procedures. The court granted Clarks’s motion to dismiss, finding that the State’s failure to preserve the evidence amounted to bad faith. The State appealed the decision, arguing that the burden of proof was incorrectly placed on it and that the destruction of evidence was unintentional.The Supreme Court of Arkansas reviewed the case and determined that the appeal was proper for ensuring the correct administration of criminal law. The court clarified the legal standards for destruction-of-evidence cases, referencing Brady v. Maryland, California v. Trombetta, and Arizona v. Youngblood. The court held that the burden of proving a due process violation due to lost or destroyed evidence lies with the defendant. The defendant must show that the evidence had apparent exculpatory value before its destruction and that comparable evidence could not be obtained by other means. Additionally, if the evidence is only potentially useful, the defendant must prove that the State acted in bad faith.The Supreme Court found that the circuit court erred in its application of the law by shifting the burden of proof to the State and by equating unintentional destruction of evidence with bad faith. The court reversed the circuit court’s decision and remanded the case for further proceedings. View "STATE OF ARKANSAS v. CLARKS" on Justia Law

Posted in: Criminal Law
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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

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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

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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

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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

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In August 2020, Timothy Wayne Ross was accused of sexually abusing his eleven-year-old step-granddaughter. The abuse included inappropriate touching, showing her a pornographic video, and making her touch him. Ross was charged with rape, second-degree sexual assault, and sexually grooming a child. His trial took place on February 27-28, 2023, in the Dallas County Circuit Court. Ross was present on the first day but failed to appear on the second day, despite assurances to his counsel that he would attend. Efforts to locate him were unsuccessful, and the trial proceeded in his absence.The Dallas County Circuit Court jury found Ross guilty on all charges, sentencing him to life imprisonment for rape, twenty years for second-degree sexual assault, and six years for sexually grooming a child, to be served concurrently. Ross's counsel did not initially object to proceeding without him but later moved for a continuance due to Ross's absence and the unavailability of a key witness, which the court denied. Ross was eventually located and brought back for sentencing.The Arkansas Supreme Court reviewed the case, focusing on whether the trial court abused its discretion by proceeding in Ross's absence. Ross argued that his absence was not voluntary and that the trial should not have continued without him. However, the Supreme Court noted that Ross's counsel did not raise this specific argument at trial, instead focusing on the need for a continuance due to Ross's unavailability. As a result, the Supreme Court held that Ross's argument was not preserved for appeal and affirmed the lower court's decision. The court also reviewed the record for any other errors and found none. View "Ross v. State" on Justia Law

Posted in: Criminal Law
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Petitioners Jennifer McGill and Cherokee Nation Entertainment, LLC challenged the sufficiency of a proposed constitutional amendment regarding the Pope County casino license. They alleged that the Arkansas Secretary of State, John Thurston, improperly certified the amendment for the ballot. The petitioners claimed that the number of valid signatures was insufficient and that the popular name and ballot title were inadequate. Local Voters in Charge (LVC), the sponsor of the amendment, and Jim Knight intervened in the case.The Arkansas Supreme Court had previously granted expedited consideration and bifurcated the proceedings into two counts. For Count I, the court appointed a special master to resolve factual disputes about the number of valid signatures. The special master found that LVC had properly certified that no paid canvasser had disqualifying offenses and that LVC did not violate the pay-per-signature ban. The special master disqualified some signatures but concluded that LVC still had enough valid signatures to meet the requirement.The Arkansas Supreme Court reviewed the special master’s findings and determined that LVC complied with the statutory requirements for certifying paid canvassers. The court also found that the petitioners did not provide sufficient evidence to prove that LVC violated the pay-per-signature ban. As a result, the court denied the petition on Count I, allowing the proposed amendment to remain on the ballot. The court’s decision was based on the lack of clear error in the special master’s findings and the petitioners' failure to meet their burden of proof. View "McGill v. Thurston" on Justia Law

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The case involves a class action against Progressive Northwestern Insurance Company, which allegedly violated Arkansas insurance law through a uniform adjustment practice. The named plaintiff, Misty Huddleston, claims that Progressive improperly reduced medical expense insurance coverage (Med-Pay) benefits by considering payments from secondary health-care insurance. This practice, documented as "Code 563," adjusts Med-Pay benefits based on amounts paid or anticipated to be paid by the insured’s health-care provider, rather than the actual billed amount.The Pope County Circuit Court certified the class, which includes all Arkansas residents who had Med-Pay claims adjusted by Progressive using Code 563 and received less than the policy limit for their claims between February 16, 2017, and September 28, 2023. Progressive appealed the certification, arguing that the claims were not common to the class, did not predominate over individual issues, Huddleston was not typical of the class, and a class action was not a superior method for handling the claims.The Supreme Court of Arkansas reviewed the case and affirmed the circuit court’s decision. The court found that the commonality requirement was met because the core issue—whether Progressive’s adjustment practice was lawful—applied uniformly to all class members. The court also determined that common questions predominated over individual issues, as the legality of the adjustment practice was central to the case. Huddleston’s claims were deemed typical of the class because they arose from the same conduct by Progressive. Finally, the court held that a class action was the superior method for adjudicating the claims, as it would avoid repetitive litigation and ensure consistent adjudications. View "PROGRESSIVE NORTHWESTERN INSURANCE COMPANY v. HUDDLESTON" on Justia Law

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In 2017, a jury in Pope County convicted Tyler Joseph Barefield of two counts of capital murder for the premeditated killings of Aaron Brock and Beau Dewitt. Barefield was sentenced to life without parole for each count and received an additional 180-month term for using a firearm in the commission of the murders. The murders occurred after Barefield, suspecting trespassers at his salvage yard, lay in wait with a rifle and ambushed Brock and Dewitt. Their bodies were later found crushed in vehicles at the salvage yard. Barefield's convictions were affirmed on direct appeal.Barefield subsequently filed a petition for postconviction relief under Rule 37 of the Arkansas Rules of Criminal Procedure, alleging ineffective assistance of counsel. The Pope County Circuit Court denied the petition, adopting the State’s proposed findings of fact and conclusions of law. Barefield appealed this decision, arguing that his trial counsel’s performance was deficient and prejudicial.The Supreme Court of Arkansas reviewed the case and applied the two-step analysis from Strickland v. Washington, which requires showing that counsel’s performance was deficient and that the deficiency prejudiced the defense. The court found that Barefield’s claims were unsubstantiated and conclusory. It held that decisions regarding trial strategy, such as not consulting a ballistics expert or not seeking a mistrial for prosecutorial statements, fell within the realm of reasonable professional judgment. The court also upheld the circuit court’s decision to exclude Colonel Arthur Alphin’s testimony on the victims’ cause of death, as Alphin was not a qualified medical expert.The Supreme Court of Arkansas affirmed the Pope County Circuit Court’s denial of postconviction relief, finding no clear error in its judgment. View "BAREFIELD v. STATE OF ARKANSAS" on Justia Law

Posted in: Criminal Law