State v. Cassell (Majority)
Annotate this CaseIn 2011, the State filed a petition to remove Sheriff Kenny Cassell from office, alleging that Cassell had pled guilty in 1979 to a violation of 18 U.S.C. 659, that Cassell had committed the crime while serving as a deputy sheriff, that Cassell acknowledged the conviction, that Cassell was elected sheriff in 2010, and that, under the Arkansas Constitution, Cassell was barred from holding office. The circuit court granted summary judgment for Cassell, concluding that Cassell's crime was for theft by receiving, and although the crime involved dishonesty, the theft conviction was not sufficient for removal because it did not impugn the integrity of the office or directly impact Cassell's ability to serve as an elected official. The State appealed. The Supreme Court reversed, holding (1) the offense was an "infamous crime" under Ark. Const. art. V, 9 because it involved dishonesty; and (2) the circuit court erroneously determined that Cassell's theft conviction alone was not enough to require removal without some proof that the conviction impugned the integrity of the elected office or directly impacted Cassell's ability to serve.
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