Supreme Court of Arkansas

The court affirmed Armstrong’s convictions for first-degree murder, first-degree escape, and employing a firearm during the murder. It held that substantial circumstantial evidence supported a finding of purposeful intent, that Armstrong’s challenge to representation by an attorney whose license had briefly been…

The Supreme Court of Arkansas dismissed Richard Green's appeal from the denial of his 2014 petition for writ of error coram nobis, concluding he could not prevail because his claims attacking his 1979 natural-life sentence for first-degree murder failed for lack of due diligence, rested on non-cognizable…

The court affirmed the denial of habeas relief because the judgment on its face reflected a valid life sentence for aggravated robbery, and the appellant did not establish a jurisdictional defect or facial invalidity.

The Supreme Court of Arkansas held that a Miller-based claim that a mandatory life-without-parole sentence was imposed on a juvenile offender is cognizable in a petition for writ of habeas corpus, because the court had previously granted habeas relief on identical grounds in Jackson v.

The Supreme Court of Arkansas affirmed the denial of Michael Fields's habeas corpus petition challenging his 2009 guilty-plea rape convictions entered in Perry County and Conway County.

The Supreme Court of Arkansas affirmed the denial of Danny Ray Henington's Rule 37 petition, holding that the record conclusively showed he was entitled to no relief, so the circuit court did not err in refusing an evidentiary hearing: trial counsel made a record, obtained a limiting ruling under the rape-shield…

The Supreme Court of Arkansas granted in part and denied in part Timothy Lamont Howard's petition to reinvest jurisdiction in the Little River County Circuit Court for a writ of error coram nobis following his capital murder convictions and death sentence.

The Supreme Court of Arkansas affirmed the denial of Routy Abernathy's pro se Rule 37.1 petition attacking his 2009 convictions for two counts of rape, rejecting four claims that trial counsel rendered ineffective assistance.

The court held that the Arkansas Deceptive Trade Practices Act may provide a cause of action against nonlawyers engaging in the unauthorized practice of law, reversed summary judgment on that claim, and held that the existence of an express contract does not automatically bar unjust-enrichment relief.

The court held that, in a criminal direct appeal, a no-merit brief must address every adverse ruling made by the circuit court. A single omission violates the governing briefing rule and requires rebriefing, even if the omitted ruling might not independently support reversal.

The Supreme Court of Arkansas granted Rickey Dale Newman's petition to reinvest jurisdiction in the circuit court to pursue a writ of error coram nobis on two grounds: that he was incompetent at the time of his capital murder trial, and that the prosecutor withheld material exculpatory evidence in violation of Brady…

The court reversed summary judgment in part because the statutory liability shield for limited-liability-company members applies to claims by third parties, not claims between members, and because Buildings presented viable fact issues concerning its contract claim, including waiver of mediation.

The court held that the governing no-merit appeal rules did not require the Arkansas Department of Health and Human Services to file a reply to the parent's pro se points, and it proceeded to review the termination appeal without one.

The Supreme Court of Arkansas affirmed the dismissal of Charles Alan Baker's pro se petition for writ of habeas corpus challenging the Monroe County Circuit Court's amended judgment and commitment order, which corrected the statutory citation for his drug-paraphernalia conviction from Ark. Code Ann.

The Supreme Court of Arkansas affirmed the denial of Kenneth Williams's Rule 37.5 petition for post-conviction relief from his capital-felony murder conviction and death sentence for killing Cecil Boren.

The court affirmed the alimony and child-support awards but reversed the finding that the travel trailer was marital property and remanded that issue. It held that the alimony award was supported by the parties' marital arrangement, the wife's limited employment history and lack of marketable skills, and her need and…

The Supreme Court of Arkansas affirmed the Little River Circuit Court's denial of Timothy Howard's Rule 37.5 postconviction petition attacking his two capital-murder convictions, attempted-capital-murder conviction, and two death sentences for the deaths of Brian and Shannon Day.

The court affirmed the convictions against the directed-verdict, privilege, chain-of-custody, and closing-argument challenges, but held that the admission of extensive reputation and other-bad-acts evidence was reversible error.

The court dismissed Young's appeal from the denial of his habeas petition because he failed to show that the trial court lacked jurisdiction or that his commitment was facially invalid.

The court affirmed summary judgment declaring MacSteel's pipeline easement null and void because the county failed to comply with the appraisal, notice, and bidding procedures required for conveyances of county property.

The Supreme Court of Arkansas affirmed the Benton County Circuit Court's order terminating Linda Camarillo-Cox's parental rights to her four children and reversed the court of appeals, which had reversed the termination for lack of clear and convincing evidence.

The Supreme Court of Arkansas affirmed the termination of Anastacio Flores's parental rights, holding that clear and convincing evidence showed DHS made meaningful reunification efforts that Flores largely failed to use, and that termination served the best interest of his two daughters.

Exercising original jurisdiction over a motion for rule on the clerk, the Supreme Court of Arkansas granted attorney Laura Cunningham's motion as a motion for belated appeal, holding that her notice of appeal—filed May 7, 2003 but identifying the November 4, 2002 order denying McDonald's motion to suppress—was…

The Supreme Court of Arkansas affirmed, as modified, the dismissal of JoLynn Smith's fraud and breach-of-contract action against Sidney Moncrief Pontiac Buick GMC and its successor Sherwood Pontiac Buick GMC.

The court held that a custodial parent's relocation with the children, standing alone, is not a material change in circumstances and that primary custodians are presumptively entitled to relocate.

The Arkansas Supreme Court affirmed Randy Anderson's capital-murder conviction but reversed his death sentence and remanded for resentencing because the record contained no signed or filed Form 2, leaving no written proof that the jury considered any mitigating circumstances as Ark. Code Ann. § 5-4-603 requires.

The Supreme Court of Arkansas affirmed Eric Grillot's convictions for first-degree murder, aggravated robbery, theft of property, and hindering apprehension arising from Jeremy Phillips's shooting of William Jackson during a staged drug transaction.

The Supreme Court of Arkansas affirmed the trial court's denial of Lee Roy Davis's motion to suppress a crack pipe and cocaine found during a pat-down search, and reversed the court of appeals' contrary decision.

The Arkansas Supreme Court affirmed the chancery court's declaration that the post-1994 public school-funding system is unconstitutional under Article 14, § 1, because the State failed its absolute duty to provide a general, suitable, and efficient education, and under Article 2, §§ 2, 3, and 18, because equal…

The court affirmed summary judgment declaring Arkansas's same-sex sodomy statute unconstitutional as applied to private, consensual, noncommercial sexual intimacy between adults.

The Supreme Court of Arkansas held that the Grandparental Visitation Act, Ark. Code Ann. Sec. 9-13-103, was not facially unconstitutional but was unconstitutional as applied, because it accorded no presumptive or special weight to a fit custodial mother's decision and, by requiring written reasons for denials but not…

The Arkansas Supreme Court affirmed the circuit court's Rule 12(b)(6) dismissal of all six of Sherry Faulkner's claims against Arkansas Children's Hospital and four of its medical employees.

The court held that Rhonda Ford’s appeal was timely because the custody ruling was final and appealable under the custody exception, while the unresolved property issues made the divorce decree intermediate as to the remaining matters.

The court affirmed the denial of Laime and Dodd's motion to suppress drug evidence and statements. It held that the initial traffic stop was supported by probable cause and that the trooper had reasonable suspicion to continue detaining them based on the totality of the circumstances, including inconsistent accounts…

The court held that summary judgment was improper because the parties relied on conflicting extrinsic evidence concerning whether bipolar affective disorder falls within the policy's definition of mental illness.

The court affirmed Ross’s capital-murder conviction and life sentence without parole, holding that substantial circumstantial evidence supported his participation in an attempted robbery during which the victim was killed.

The Supreme Court of Arkansas reversed a Pulaski County jury verdict for Allstate in a physician's defamation and tortious-interference suit, holding that the trial court abused its discretion by excluding Allstate's withdrawn counterclaim, which alleged that Dodson performed illegal, fraudulent acts and therefore…

The Supreme Court of Arkansas granted DHS's petition for review and reversed the court of appeals, which had overturned a chancery court's termination of Tiffany Dinkins's parental rights to three children for insufficiency of the evidence.

The court affirmed Ferguson’s first-degree murder conviction and life sentence, rejecting challenges to the sufficiency of the evidence, speedy-trial calculation, jury selection, polygraph references, venue, and suppression of a recorded jail conversation.

In an original action under Amendment 7, the Supreme Court of Arkansas granted petitioner Kurrus's challenge to proposed Amendment 4, holding that its popular name and ballot title were insufficient because they were misleading by amplification and omission and failed to convey the measure's sweeping restructuring of…