Justia Arkansas Supreme Court Opinion Summaries

The Supreme Court reversed the order of the circuit court affirming the decision of the Arkansas Department of Finance and Administration (DFA) concerning its adjustments made to A-1 Recovery Towing & Recovery, Inc.'s taxable income and to its shareholders' accounts for tax years 2013-2017, holding that the circuit court failed to follow Ark. Code Ann. 26-18-406 when it affirmed DFA's decision sua sponte.Section 26-18-406 provides that a suit in circuit court to contest a DFA assessment "shall be tried de novo." On appeal, A-1 argued that the circuit court erroneously sua sponte entered its order affirming the DFA's decision because the order deprived A-1 of its right to a trial de novo under section 26-18-406. The Supreme Court agreed and reversed, holding that the circuit court deprived A-1 of its opportunity to meet proof with proof prior to affirming DFA's decision sua sponte. View "A-1 Recovery Towing & Recovery, Inc." on Justia Law

The Supreme Court rescinded an earlier decision to answer a certified question of law certified by the United States District Court for the Eastern District of Arkansas, holding that certification was improvidently granted.Plaintiff filed suit in the district court seeking to recover corrective fees it incurred in the underlying case. The district court concluded that Plaintiff could not establish proximate cause under Arkansas law and denied the motion. The United States Court of Appeals for the Eighth Circuit reversed and remanded the case for further proceedings. On remand, the district court certified a question of law regarding proximate cause in a legal malpractice action and corrective fees. The Supreme Court accepted the question of law. The Court then exercised its discretion to rescind its decision to answer the questioned question because the Eighth Circuit had already addressed the issue involved in the certified question presented to the Supreme Court. View "Gerber Products Co. v. Mitchell, Williams, Selig, Gates & Woodyard, PLLC" on Justia Law

The Supreme Court affirmed in part and reversed and remanded in part the circuit court's order dismissing Appellant's appeal from the district court absent a conviction as required by Ark. R. Crim. P. 36(a), holding that the district court illegally imposed court costs and probation in violation of Appellant's state and federal constitutional due process rights and his federal and state constitutional right to a trial.Appellant pled guilty to carrying a weapon in a publicly owned building. The district court ordered Appellant to pay court costs of $140 and told Appellant if there were no further charges within thirty days the charge would be dismissed. The court dismissed the case at the end of thirty days for lack of jurisdiction on the grounds that there was no underlying conviction. The Supreme Court reversed in part, holding that the court had jurisdiction to hear Appellant's challenge to the legality of his de facto sentence, and Appellant should have been heard on the merits. View "Gillette v. City of Fort Smith" on Justia Law

The Supreme Court affirmed the order of the circuit court denying Appellant's complaint for declaratory judgment and injunctive relief and petition for writ of mandamus seeking to direct Appellees to allow Appellant to carry a firearm inside the district court, holding that there was no error.Appellant, an attorney, filed a complaint for declaratory judgment and injunctive relief seeking a declaration that Act 1087 of 2017, codified at Ark. Code Ann. 5-73-122(b), authorizes attorneys as "officers of the court" to carry a firearm in any of the state's courts or courthouses and a declaration that Appellees' conduct in refusing to allow Appellant to enter the Pulaski County District Courthouse with a firearm violated Arkansas law. Appellant further sought mandamus relief asking that the court direct Defendants to permit attorneys in court with a firearm. The circuit court denied relief. The Supreme Court affirmed, holding that the circuit court did not err in denying Appellant's mandamus petition. View "Corbitt v. Pulaski County Jail" on Justia Law

The Supreme Court affirmed Defendant's conviction of first-degree murder and sentence of life imprisonment, granted appellate counsel's motion to withdraw as counsel, and remanded the case for a correction of a clerical error in the sentencing, holding that no reversible error occurred in the proceedings below.After his conviction, Defendant filed a timely appeal, and his attorney filed a no-merit brief. The Supreme Court declined to grant relief, holding (1) the circuit court did not err in denying Defendant's motion for a directed verdict and his renewed motion for directed; (2) the circuit court did not abuse its discretion in sustaining the State's hearsay objection to certain testimony; and (3) while an error in the sentencing order was not grounds for reversal, remand was required for correction. View "Humphry v. State" on Justia Law

The Supreme Court dismissed this appeal brought by Defendants Baptist Health Medical Center-Little Rock and Diamond Risk Insurance, LLC (collectively, Baptist) of the order of the circuit court denying Baptist's motion to dismiss Plaintiff's medical malpractice complaint, holding that the circuit court's order was not a final, appealable order.Plaintiff brought this complaint alleging that, for almost three months in 2021, he was a patient at Baptist fighting COVID-19 and was subjected to negligent care and treatment. Baptist filed a motion to dismiss, arguing that it was immune from suit pursuant to Executive Order 20-52, which established that healthcare providers were immune from liability while treating patients with COVID-19. The circuit court denied the motion to dismiss. The Supreme Court denied Defendants' subsequent appeal, holding this Court lacked jurisdiction because the immunity at issue was one of liability rather than immunity from suit. View "Baptist Health v. Sourinphoumy" on Justia Law

The Supreme Court affirmed in part and reversed and dismissed in part a sentencing order convicting Appellant of twenty-five counts of possessing or viewing matter depicting sexually explicit conduct involving a child and sentencing him to forty-two years' imprisonment, holding that certain counts are reversed and dismissed for a failure of proof that the images underlying those counts contained matter depicting or incorporating the image of a child as defined by Ark. Code Ann. 5-27-601(1).Pursuant to a search warrant, law enforcement officers searched Defendant's residence and seized several electronic devices. A forensic examination of the devices revealed images that were pornographic in nature involving children. Some were computer-generated imagery (CGI) and some were actual photographs. Among his allegations of error on appeal, Appellant argued that the individuals depicted in the CGI did not meet the legal definition of a "child." The Supreme Court agreed and reversed and dismissed counts 1, 15-16, and 23-30, holding that the State failed to present evidence on each of those counts that the underlying CGI images depicted or incorporated the images of a child, and therefore, the evidence was insufficient to sustain those convictions. View "Lewis v. State" on Justia Law

The Supreme Court dismissed this appeal brought by the State claiming an error in Defendant's criminal proceedings regarding a speedy-trial ruling, holding that the State's appeal was not authorized under Ark. R. App. P.-Crim. 3.Defendant was charged for driving while intoxicated. Defendant later filed a motion to dismiss the prosecution based on a speedy-trial violation. The trial court granted the motion, ruling that the charges be dismissed based on a speedy-trial violation. The State appealed, essentially challenging the circuit court's findings of fact regarding the speedy-trial calculation. The Supreme Court dismissed the appeal, holding that the appeal was not authorized under Rule 3 because it did not present an issue of interpretation of a criminal rule that would have widespread ramifications. View "State v. Pate" on Justia Law

The Supreme Court affirmed the order of the circuit court entering judgment upon a jury verdict finding Defendant guilty of rape and sentencing him to life in prison, holding that Defendant was not entitled to relief on his allegations of error.On appeal, Defendant argued, among other things, that the State intentionally circumvented his right to confront vital witnesses by improperly allowing into evidence a surreptitious recording made by Defendant's roommate and that the recording contained inadmissible hearsay. The Supreme Court affirmed, holding (1) there was sufficient evidence to support the rape conviction; and (2) the circuit court did not err in admitting the recording into evidence. View "Wallace v. State" on Justia Law

The Supreme Court vacated the order of the circuit court declaring Act 1002 of 2021 to be unconstitutional and permanently enjoining its enforcement, holding that the circuit court did not have subject matter jurisdiction to enter the order.The Act, codified at Ark. Code Ann. 20-7-144, prohibited state agencies, political subdivisions of the state, and local and state officials from mandating the use of face masks, face shields, or other face coverings. Two lawsuits were filed seeking to declare the Act unconstitutional and enjoin its enforcement. The circuit court consolidated the cases, enjoined enforcement of the Act, and preliminary declared the Act unconstitutional in violation of the separation of powers and equal protection clauses of the state Constitution. The Supreme Court vacated the order below, holding that the circuit court lacked jurisdiction to enter the final order because an interlocutory appeal was still pending. View "State v. McClane" on Justia Law