Justia Arkansas Supreme Court Opinion Summaries

The Supreme Court dismissed Appellant's appeal from the dismissal of his petition for writ of habeas corpus filed pursuant to Ark. Code Ann. 16-112-101, holding that the circuit court properly dismissed the petition for lack of personal jurisdiction.Appellant was incarcerated in Jefferson County when he filed his petition for a writ of habeas corpus. He was transferred to the East Arkansas Regional Unit in Lee County before the circuit court entered its order dismissing the petition. The Supreme Court dismissed this appeal, holding that a writ of habeas corpus issued by the Jefferson County Circuit Court could not be returned because Appellant was no longer within the court's jurisdiction. View "Davis v. Payne" on Justia Law

In this fifth appeal before the Supreme Court regarding a class action lawsuit stemming from two circuit court orders denying Appellant's motion to enforce arbitration agreements and its motion to compel class members with arbitration agreements to submit their claims to binding arbitration, holding that remand was necessary.After the Supreme Court's ruling in Phillips II, Appellant filed a motion to enforce arbitration agreements and to compel 197 residents with arbitration agreements to submit their claims to binding arbitration. After the ruling in Phillips III, Appellant moved to enforce arbitration agreements and to compel thirty-three residents with arbitration agreements to submit their claims to binding arbitration. The court entered an order with respect to both motions, from which Appellant appealed. The Supreme Court remanded the case with instructions, holding that the circuit court failed to provide the Supreme Court with specific findings with respect to each arbitration agreement and individual resident and that such findings were necessary for the Court to conduct a proper appellate review. View "Robinson Nursing & Rehabilitation Center, LLC v. Phillips" on Justia Law

The Supreme Court affirmed the judgment of the circuit court denying Appellant's petition for leave to proceed in forma pauperis, for extraordinary writ, and to set aside and vacate his judgment, holding that Appellant failed to allege facts to support his claim that he was entitled to an extraordinary writ or to have his sentence vacated.Appellant pled guilty to second degree sexual assault and sentenced to seventy-two months' imprisonment. Appellant later filed a petition for leave to proceed in forma pauperis seeking to file an extraordinary writ to change his sex-offender registration agency. Appellant also filed a motion to set aside or vacate judgment. The circuit court denied hisrelief. The Supreme Court affirmed, holding that the circuit court did not err in finding that Appellant failed to state a cause of action upon which relief could be granted and that the petitions failed to assert any grounds for which Appellant could successfully pursue those claims. View "Cullen v. State" on Justia Law

The Supreme Court affirmed the judgment of the circuit court dismissing Petitioner's petition for a writ of habeas corpus, holding that the circuit court did not err in concluding that Petitioner had failed to state a ground for the writ.Petitioner pled guilty to rape and aggravated robbery and was sentenced as a habitual offender. In his habeas corpus petition, Petitioner alleged that he was innocent of the offense of rape, that the State maliciously applied the habitual offender statute in violation of the Eighth Amendment, and that the Arkansas statute requiring that he serve 100 percent of his sentence was unconstitutional. The circuit court found that the claims were not cognizable in habeas and noted that parole eligibility falls within the domain of the executive branch. The Supreme Court affirmed, holding that the circuit court did not err. View "White v. Payne" on Justia Law

The Supreme Court dismissed this interlocutory appeal of a vacated class certification order and directed the circuit court to remand the case to address motions to compel arbitration, holding that this appeal was moot.Plaintiffs, who represented the estates of former residents of fourteen different nursing homes, alleged breach of contract and unjust enrichment claims against the nursing homes, in violation of the Arkansas Civil Rights act and the Arkansas Deceptive Trade Practices Act. The nursing homes moved to compel arbitration for all but two of the named plaintiffs, after which the plaintiffs moved for class certification. The circuit court granted Plaintiffs' motion for class certification without ruling on the motions to compel arbitration. The nursing homes brought an interlocutory appeal of the class-certification order and petitioned for writ of prohibition, mandamus, and certiorari. The Supreme Court granted the writ petition, vacating the order granting class certification, and ordered the circuit court to rule on the motions to compel before ruling on class certification, holding that the interlocutory appeal of the vacated class-certification order was moot. View "Reliance Health Care, Inc. v. Mitchell" on Justia Law

The Supreme Court affirmed the order of the circuit court denying Appellant's motion for order to waive record fees in a suit brought under the Freedom of Information Act (FOIA) against the University of Arkansas at Little Rock (UALR), holding that the circuit court correctly denied the motion to waive record fees.Appellant, a law professor at UALR, brought this action alleging FOIA violations. The circuit court dismissed the FOIA claim with prejudice. Appellant then moved to set aside the order, arguing that UALR violated the negotiated settlement. The circuit court denied the motion, and Appellant unsuccessfully attempted to appeal. As to his appeal of the order denying the motion to set aside, Appellant moved to waive record fees alleging that a fee assessed by the circuit clerk violated state law. The circuit court denied the motion, after which Appellant filed a second motion to waive record fees. The circuit court denied the motion and also denied Appellant's motion for summary judgment. The Supreme Court affirmed, holding that no justiciable controversy existed in this case. View "Steinbuch v. University of Ark." on Justia Law

The Supreme Court dismissed this petition brought by Petitioner for writ of certiorari and writ of habeas corpus alleging that the circuit court violated Ark. R. Crim. P. 8 and 9, holding that the petition was moot.The State charged Petitioner with criminal use of a prohibited weapon and criminal acts involving explosives or a destructive device. Thereafter a grand jury indictment was filed in federal district court alleging that Petitioner knowingly made a destructive device and knowingly possessed a destructive device. Petitioner pled guilty to one count of aiding and abetting the possession of a destructive device. Thereafter, Petitioner filed this petition for writ of certiorari and habeas corpus. The State's charges against Petitioner were subsequently nol-prossed. In his petition, Petitioner alleged that he appeared without counsel at his pretrial bail hearing, in violation of rule 9.2, and that the circuit court failed to make specific findings when setting his bail. The Supreme Court dismissed the petition, holding that Petitioner's claims were moot. View "Burnett v. State" on Justia Law

The Supreme Court vacated the order of the court of appeals granting the Grand Lodge's motion to dismiss Plaintiff's appeal from the circuit court order dismissing the complaint based on Plaintiff's failure to file a complete record while, at the same time, denying Plaintiff's motion for writ of certiorari to complete the record, holding that the appeal must be dismissed.In dismissing Plaintiff's complaint the circuit court concluded that the complaint was legally insufficient. Plaintiff filed a notice of appeal but did not receive the transcript when the deadline to file the record passed. The Grand Lodge filed a motion seeking to dismiss the appeal for lack of jurisdiction, which the court of appeals granted. On appeal, Plaintiff argued that he could not have good faith filed a motion for an extension for filing the record with the clerk of the Supreme Court because he could not show that more time was necessary. The Supreme Court vacated the court of appeals' order and granted the Grand Lodge's motion to dismiss this appeal, holding that Plaintiff failed to file an extension order or demonstrate that he was unable to do so and failed to demonstrate that it would be unjust to dismiss his appeal. View "Cook v. Most Worshipful Grand Lodge" on Justia Law

The Supreme Court held that Ark. Code Ann. 12-9-301, which provides immunity from both suit and liability for certain officials "except to the extent that they have be covered by liability insurance," does not apply to a federal cause of action brought under 42 U.S.C. 1983 but does apply to a state claim brought under the Arkansas Civil Rights Act.Plaintiff filed a complaint against the Benton School District, a principal in the strict (Lori Bacon), and an assistant superintendent (Lisa Gattis). The district court concluded that all Defendants were liable under section 1983 and the Arkansas Civil Rights Act for violating Plaintiff's rights to free speech and to petition the government under the First Amendment. The court granted Bacon and Gattis's motion for summary judgment on qualified immunity grounds but determined that their motion was limited to the extent they were covered by liability insurance. The Supreme Court affirmed in part and reversed and remanded in part, holding (1) section 21-9-301 does not impact a claim brought under section 1983; and (2) the circuit court correctly ruled that section 21-9-301 immunity applies to claims arising under the Arkansas Civil Rights Act. View "Benton School District v. Greer" on Justia Law

The Supreme Court affirmed Defendant's conviction of first-degree murder and aggravated assault on a law enforcement officer, holding that the circuit court did not err in denying Defendant's motions for directed verdict on both charges.Defendant was charged with capital murder with an enhancement for using a firearm and other offenses. After a jury trial, Defendant was convicted of the lesser-included offense of first-degree murder, aggravated assault on a law enforcement officer, possession of a defaced firearm, resisting arrest, fleeing, and obstructing governmental operations. Defendant was sentenced to an aggregate term of two life sentences. The Supreme Court affirmed, holding the circuit court did not err in denying Defendant's motions for directed verdict as to his convictions for first-degree murder and aggravated assault on a law enforcement officer because there was sufficient proof presented to the jury that Defendant was capable of forming the requisite mental state given his provisional diagnosis of schizophrenia. View "Ward v. State" on Justia Law