Arkansas Supreme Court Decisions 2017
Date: December 14, 2017
Citation: 2017 Ark. 361
Docket Number: CR-17-167
Justia Opinion Summary: The Supreme Court reversed the order of the circuit court denying Appellant’s pro se petition to correct and illegal sentence and denied Appellant’s motion for appointment of counsel. Appellant pleaded guilty to…
Date: December 14, 2017
Citation: 2017 Ark. 370
Date: December 14, 2017
Citation: 2017 Ark. 371
Date: December 14, 2017
Citation: 2017 Ark. 373
Date: December 14, 2017
Citation: 2017 Ark. 369
Docket Number: CR-14-580
Date: December 14, 2017
Citation: 2017 Ark. 369
Docket Number: CR-14-580
Date: December 14, 2017
Citation: 2017 Ark. 364
Docket Number: CR-16-1101
Justia Opinion Summary: The Supreme Court affirmed the trial court’s denial of Appellant’s pro se petition and amended petition for postconviction relief filed pursuant to Ark. R. Crim. P. 37.1, in which Appellant raised multiple claims of…
Date: December 14, 2017
Citation: 2017 Ark. 365
Docket Number: CR-17-253
Justia Opinion Summary: The Supreme Court dismissed Appellant’s appeal of the trial court’s denial of his pro se petition for postconviction relief filed pursuant to Ark. R. Crim. P. 37.1, in which Appellant alleged grounds of prosecutorial…
Date: December 14, 2017
Citation: 2017 Ark. 362
Docket Number: CR-17-314
Justia Opinion Summary: The Supreme Court dismissed the appeal brought by the State challenging the circuit court’s grant of Defendant’s motion to dismiss first-degree-murder charges against him on the basis that the speedy-trial rules as…
Date: December 14, 2017
Citation: 2017 Ark. 357
Docket Number: CR-17-502
Justia Opinion Summary: The Supreme Court affirmed the orders of the circuit court denying Appellant’s pro se motion for leave to file an amended declaratory judgment and petition to correct an illegal sentence, which rendered moot Appellant’s…
Date: December 14, 2017
Citation: 2017 Ark. 359
Docket Number: CV-16-758
Justia Opinion Summary: The Supreme Court affirmed the circuit court’s dismissal of Appellant’s pro se civil complaint and amended complaint, which alleged that Appellees, acting under color of state law, had engaged discrimination in violation…
Date: December 14, 2017
Citation: 2017 Ark. 368
Docket Number: CV-17-103
Justia Opinion Summary: At issue in these certified questions was the proper interpretation of the safe-harbor provision of the Arkansas Deceptive Trade Practices Act (ADTPA), Ark. Code Ann. 4-88-101(3). The Supreme Court exercised its…
Date: December 14, 2017
Citation: 2017 Ark. 358
Docket Number: CV-17-361
Justia Opinion Summary: The Supreme Court affirmed the circuit court’s denial of Appellant’s pro se petition for writ of habeas corpus, in which Appellant argued that he was entitled to issuance of the writ because the judgment in his criminal…
Date: December 14, 2017
Citation: 2017 Ark. 360
Docket Number: CV-17-558
Justia Opinion Summary: The Supreme Court dismissed Appellant’s appeal from the trial court’s denial of his pro se petition for writ of habeas corpus filed under Act 1780 of 2001 Acts of Arkansas, Ark. Coe Ann. 16-112-201 to -208, which…
Date: December 7, 2017
Citation: 2017 Ark. 350
Date: December 7, 2017
Citation: 2017 ARK. 351
Date: December 7, 2017
Citation: 2017 Ark. 352
Date: December 7, 2017
Citation: 2017 Ark. 353
Date: December 7, 2017
Citation: 2017 Ark. 354
Date: December 7, 2017
Citation: 2017 Ark. 355
Date: December 7, 2017
Citation: 2017 Ark. 356
Date: December 7, 2017
Citation: 2017 Ark. 347
Docket Number: CR-16-63
Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court convicting Defendant of aggravated burglary. On appeal, Appellant argued that the circuit court erroneously denied his motion for a directed verdict because…
Date: December 7, 2017
Citation: 2017 Ark. 348
Docket Number: CR-17-276
Date: December 7, 2017
Citation: 2017 Ark. 346
Docket Number: CV-16-1072
Justia Opinion Summary: The Supreme Court dismissed as moot Appellant’s appeal of the circuit court’s dismissal of his complaint challenging the constitutionality of Act 36 of 2011. The act amended Ark. Code Ann. 17-19-402 to authorize the…
Date: December 7, 2017
Citation: 2017 Ark. 343
Docket Number: CV-17-220
Justia Opinion Summary: The Supreme Court affirmed in part and reversed and remanded in part the circuit court’s judgment and decree of foreclosure finding in favor of Bank and against Appellant on his counterclaims against Bank and his…
Date: December 7, 2017
Citation: 2017 Ark. 340
Docket Number: CV-17-227
Date: December 7, 2017
Citation: 2017 Ark. 349
Docket Number: CV-17-439
Date: November 30, 2017
Citation: 2017 Ark. 328
Docket Number: CR-10-1333
Justia Opinion Summary: The Supreme Court denied Petitioner’s pro se petition to reinvest jurisdiction in the trial court to consider a petition for writ of error coram nobis and his pro se motion to file a reply to the State’s response to his…
Date: November 30, 2017
Citation: 2017 Ark. 337
Docket Number: CR-14-923
Justia Opinion Summary: The Supreme Court affirmed the trial court’s denial of Appellant’s pro se petition and amended petition under Ark. R. Crim. P. 37.1. In his petitions, Appellant argued that he received ineffective assistance of counsel…
Date: November 30, 2017
Citation: 2017 Ark. 323
Docket Number: CR-16-983
Justia Opinion Summary: The Supreme Court affirmed the judgment of the trial court denying Appellant’s pro se petition for postconviction relief filed pursuant to Ark. R. Crim. P. 37.1, holding that the trial court did not clearly err when it…
Date: November 30, 2017
Citation: 2017 Ark. 338
Docket Number: CR-17-469
Justia Opinion Summary: The Supreme Court denied Petitioner’s motion for rule on clerk seeking to have the record lodged to pursue an appeal from the trial court’s denial of his pro se petition for relief from an illegal sentence. Petitioner…
Date: November 30, 2017
Citation: 2017 Ark. 334
Docket Number: CR-88-5
Justia Opinion Summary: The Supreme Court denied Petitioner’s petition requesting that the court reinvest jurisdiction in the trial court so that he may proceed with a petition for writ of error coram nobis, holding that the petition failed to…
Date: November 30, 2017
Citation: 2017 Ark. 329
Docket Number: CV-16-1000
Justia Opinion Summary: In this case challenging a county assessor’s ad valorem tax assessments, the Supreme Court affirmed the circuit court’s order granting the motion to dismiss filed by Appellees on the grounds that Appellants’…
Date: November 30, 2017
Citation: 2017 Ark. 326
Docket Number: CV-16-990
Justia Opinion Summary: In this case concerning a county board of equalization tax assessment, the Supreme Court affirmed the order of the circuit court dismissing Appellants’ appeal, holding that the circuit court did not err in dismissing the…
Date: November 30, 2017
Citation: 2017 Ark. 324
Docket Number: CV-16-993
Justia Opinion Summary: In this case challenging a county board of equalization tax assessment, the Supreme Court affirmed the order of the circuit court dismissing Appellants’ appeal, holding that the circuit court did not err in dismissing…
Date: November 30, 2017
Citation: 2017 Ark. 335
Docket Number: CV-16-994
Justia Opinion Summary: A nonlawyer may not appeal a tax assessment to a county court on behalf of a corporation. Appellants appealed the county assessor’s tax assessment, and the letters were signed by Appellants’ representative, a…
Date: November 30, 2017
Citation: 2017 Ark. 341
Docket Number: CV-17-182
Justia Opinion Summary: The Supreme Court reversed the order of the circuit court granting class certification for a group of Appellants’ customers, including Appellees. The class definition included all who “owe or will incur debts” springing…
Date: November 30, 2017
Citation: 2017 Ark. 342
Docket Number: CV-17-188
Justia Opinion Summary: The Supreme Court reversed the circuit court’s order certifying a class in this action filed by Appellees alleging that Appellants’ business practices violated the anti-usury language of amendment 89 to the Arkansas…
Date: November 30, 2017
Citation: 2017 Ark. 340
Docket Number: CV-17-227
Justia Opinion Summary: The Supreme Court affirmed the decision of the trial court in denying Appellants’ motion to certify two classes in litigation against Appellee. Appellee opposed certification, arguing that no class could be certified…
Date: November 30, 2017
Citation: 2017 Ark. 331
Docket Number: CV-17-298
Justia Opinion Summary: The Supreme Court reversed the circuit court’s order granting Mother’s petition to relocate with the parties’ minor son, holding that the circuit court erred in applying the presumption in favor of relocation as set out…
Date: November 16, 2017
Citation: 2017 Ark. 319
Docket Number: CR-99-126
Date: November 16, 2017
Citation: 2017 Ark. 317
Docket Number: CV-16-1080
Justia Opinion Summary: The Supreme Court dismissed the appeal filed by Appellant challenging the circuit court’s order dismissing her case with prejudice based on the statute of limitations. The circuit court granted Defendants’ motion to…
Date: November 16, 2017
Citation: 2017 Ark. 320
Docket Number: CV-17-672
Date: November 16, 2017
Citation: 2017 Ark. 315
Docket Number: CV-17-86
Justia Opinion Summary: The Supreme Court held that the circuit court’s order certifying a class action filed by Employees failed to comply with Ark. R. Civ. P. 23(b). In their complaint, Employees alleged claims of breach of contract and…
Date: November 9, 2017
Citation: 2017 Ark. 309
Docket Number: CR-16-970
Justia Opinion Summary: The Supreme Court affirmed the trial court’s denial of Appellant’s pro se petition for postconviction relief filed pursuant to Ark. R. Crim. P. 37.1. Appellant was convicted of kidnapping, rape, and aggravated robbery…
Date: November 9, 2017
Citation: 2017 Ark. 311
Docket Number: CR-17-177
Justia Opinion Summary: The Supreme Court dismissed the State’s appeal from the circuit court’s use of three nonmodel jury instructions at Appellee’s resentencing hearing, holding that the State failed to demonstrate that the appeal involved…
Date: November 9, 2017
Citation: 2017 Ark. 313
Docket Number: CR-17-198
Justia Opinion Summary: The Supreme Court affirmed the circuit court’s denial of Appellant’s pro se petition for writ of error coram nobis in which Appellant alleged that the State violated Brady v. Maryland, 373 U.S. 83 (1963), suborned…
Date: November 9, 2017
Citation: 2017 Ark. 308
Docket Number: CV-17-183
Justia Opinion Summary: The Supreme Court affirmed the order of the circuit court granting a motion for temporary restraining order (TRO) in favor of Appellees, who sought a declaratory judgment challenging the validity of the Arkansas…
Date: November 9, 2017
Citation: 2017 Ark. 314
Docket Number: CV-17-34
Justia Opinion Summary: The Supreme Court affirmed the circuit court’s denial of Appellant’s petition for writ of habeas corpus in which he alleged that his sentence was illegally enhanced pursuant to Ark. Code Ann. 5-64-408. The court held (1)…
Date: November 9, 2017
Citation: 2017 Ark. 310
Docket Number: CV-17-438
Justia Opinion Summary: The Supreme Court dismissed Appellant’s appeal from the denial of multiple pro se motions he filed in connection with a pro se civil-rights action he filed in the circuit court pursuant to 42 U.S.C. 1983, which rendered…
Date: November 2, 2017
Citation: 2017 Ark. 303
Docket Number: CR-16-849
Justia Opinion Summary: In this case, one of three companion cases, Appellant appealed from sentencing orders entered after the original judgments of conviction, entered in 1978, were remanded in 2014 for resentencing. At issue in this appeal…
Date: November 2, 2017
Citation: 2017 Ark. 305
Docket Number: CR-17-143
Justia Opinion Summary: In this case, one of three companion cases, Appellant appealed from sentencing orders entered after the original judgments of conviction, entered in 1978, were remanded in 2014 for resentencing. The Supreme Court…
Date: November 2, 2017
Citation: 2017 Ark. 304
Docket Number: CR-17-144
Date: November 2, 2017
Citation: 2017 Ark. 297
Docket Number: CR-17-250
Justia Opinion Summary: The circuit court committed a manifest abuse of discretion in ruling that testimony regarding the victim’s prior sexual conduct with a third party would be admissible pursuant to the rape-shield statute, Ark. Code Ann.…
Date: November 2, 2017
Citation: 2017 Ark. 307
Docket Number: CR-17-431
Justia Opinion Summary: The Supreme Court dismissed the State’s interlocutory appeal from the circuit court’s order granting Defendant’s motion to suppress. On appeal, the State argued that the circuit court erred (1) by interpreting Ark. R.…
Date: November 2, 2017
Citation: 2017 Ark. 300
Docket Number: CV-17-788
Justia Opinion Summary: The Supreme Court affirmed in part and reversed and remanded in part the circuit court’s order requiring the Arkansas Department of Correction (ADC) to provide Steven Shults with the pharmaceutical package inserts and…
Date: October 27, 2017
Citation: 2017 Ark. 291
Docket Number: CR-00-698
Justia Opinion Summary: The Supreme Court denied Petitioner’s petition to reinvest jurisdiction in the trial court to consider a petition for writ of error coram nobis. In his petition, Petitioner alleged, inter alia, that the state violated…
Date: October 27, 2017
Citation: 2017 Ark. 292
Docket Number: CR-05-1183
Justia Opinion Summary: The Supreme Court denied Petitioner’s second petition pro se petition asking the court to reinvest jurisdiction in the trial court to consider a petition for writ of error coram nobis. In his petition, Petitioner again…
Date: October 27, 2017
Citation: 2017 Ark. 293
Docket Number: CR-07-681
Date: October 27, 2017
Citation: 2017 Ark. 288
Docket Number: CR-17-370
Justia Opinion Summary: The Supreme Court dismissed Appellant’s appeal from the denial of his pro se petition to correct an illegal sentence pursuant to Ark. Code Ann. 16-90-111, which rendered moot Appellant’s pro se motion for appointment of…
Date: October 26, 2017
Citation: 2017 Ark. 287
Docket Number: CR-16-1135
Justia Opinion Summary: The Supreme Court affirmed Appellant’s convictions for aggravated robbery and capital murder. On appeal, Appellant argued that the circuit court erred in denying his motions for directed verdict and abused its discretion…
Date: October 26, 2017
Citation: 2017 Ark. 295
Docket Number: CR-16-63
Date: October 26, 2017
Citation: 2017 Ark. 294
Docket Number: CV-17-247
Justia Opinion Summary: The Supreme Court affirmed the circuit court’s dismissal of Appellant’s pro se petition for writ of habeas corpus alleging that he was actually innocent of the offense of capital murder and that his due process rights…
Date: October 19, 2017
Citation: 2017 Ark. 280
Docket Number: CR-17-163
Justia Opinion Summary: The Supreme Court dismissed Appellant’s appeal from a pre-plea denial of a motion for continuance. Appellant, who was represented by a public defender, was sentenced to life in prison following a plea of guilty to plea.…
Date: October 19, 2017
Citation: 2017 Ark. 278
Docket Number: CR-17-450
Justia Opinion Summary: The Supreme Court treated Petitioner’s pro se motion for belated appeal and rule on clerk as a motion for belated appeal under Ark. R. App. P-Crim. 2(e), rather than as a motion for rule on clerk, and denied the…
Date: October 19, 2017
Citation: 2017 Ark. 284
Docket Number: CV-15-988
Justia Opinion Summary: In Pavan v. Smith, 137 S. Ct. 2075 (2017), the United States Supreme Court held that Arkansas’s birth-certificate law, Ark. Code Ann. 20-18-401, is unconstitutional to the extent it treats similarly-situated same-sex…
Date: October 19, 2017
Citation: 2017 Ark. 283
Docket Number: CV-16-387
Justia Opinion Summary: The Supreme Court reversed the order of the circuit court denying Appellant’s pro se petition for leave to proceed in forma pauperis in a civil matter. Appellant, an inmate, first sought release of certain documents from…
Date: October 19, 2017
Citation: 2017 Ark. 279
Docket Number: CV-17-355
Justia Opinion Summary: The Supreme Court dismissed Appellant’s appeal from the circuit court’s denial of his pro se petition for writ of habeas corpus. In his habeas petition, Appellant argued that he should be permitted to withdraw his guilty…
Date: October 12, 2017
Citation: 2017 Ark. 277
Docket Number: CR-16-1125
Justia Opinion Summary: The Supreme Court affirmed Appellant’s convictions for capital murder and first-degree murder. The jury sentenced to Appellant life imprisonment without parole for capital murder and life imprisonment for first-degree…
Date: October 5, 2017
Citation: 2017 Ark. 265
Docket Number: CR-16-432
Justia Opinion Summary: The Supreme Court affirmed the circuit court’s order denying Appellant’s petition for postconviction relief filed pursuant to Ark. R. Crim. P. 37. In 2014, Appellant pleaded guilty to murder in the first degree and to…
Date: October 5, 2017
Citation: 2017 Ark. 266
Docket Number: CR-16-588
Justia Opinion Summary: The Supreme Court affirmed the sentence Defendant received in connection with his guilty plea to rape and attempted murder. A jury sentenced Defendant to a term of life imprisonment for rape plus sixty years on the…
Date: October 5, 2017
Citation: 2017 Ark. 273
Docket Number: CR-16-659
Justia Opinion Summary: The Supreme Court affirmed Defendant’s convictions for the kidnapping and murder of his girlfriend. A jury sentenced Defendant to life imprisonment without the possibility of parole for murder plus forty years…
Date: October 5, 2017
Citation: 2017 Ark. 267
Docket Number: CV-16-834
Justia Opinion Summary: The Supreme Court affirmed the circuit court’s dismissal of Appellant’s petition for declaratory judgment and writ of mandamus pertaining to the statutes that governed his parole-eligibility dates. Specifically,…
Date: October 5, 2017
Citation: 2017 Ark. 270
Docket Number: CV-17-90
Justia Opinion Summary: The Supreme Court reversed the circuit court’s grant of summary judgment in favor of Defendants in this illegal-exaction suit alleging that certain acts of 2015, which appropriate funds from the Arkansas General…
Date: September 28, 2017
Citation: 2017 Ark. 262
Docket Number: CR-16-125
Justia Opinion Summary: The Supreme Court affirmed Defendant’s conviction for capital murder for which Defendant was sentenced to life imprisonment with the possibility of parole in twenty-eight years. On appeal, Defendant challenged the…
Date: September 28, 2017
Citation: 2017 Ark. 261
Docket Number: CR-17-149
Justia Opinion Summary: The Supreme Court affirmed Appellant’s convictions of one count of rape and one count of sexual indecency with a child, for which Appellant was sentenced to concurrent terms of life and seventy-two months, respectively.…
Date: September 28, 2017
Citation: 2017 Ark. 264
Docket Number: CR-17-196
Justia Opinion Summary: The Supreme Court affirmed Appellant’s conviction for possession of a controlled substance with purpose to deliver, for which Appellant was sentenced to five years’ probation and ordered to pay a $5000 fine. The court…
Date: September 21, 2017
Citation: 2017 Ark. 253
Docket Number: CR-16-1145
Justia Opinion Summary: The Supreme Court affirmed the circuit court’s ruling that defense counsel was not ineffective for failing to dismiss the drug offense charges against Defendant based on a speedy-trial violation. The circuit court found…
Date: September 21, 2017
Citation: 2017 Ark. 257
Docket Number: CR-17-239
Justia Opinion Summary: The Supreme Court dismissed the State’s appeal from an order for the circuit court granting Defendant’s motion to suppress two statements he made, holding that the appeal was improper under the court’s rules. After the…
Date: September 21, 2017
Citation: 2017 Ark. 259
Docket Number: CR-17-614
Date: September 21, 2017
Citation: 2017 Ark. 252
Docket Number: CR-17-94
Justia Opinion Summary: The Supreme Court reversed the circuit court’s order dismissing misdemeanor negligent-homicide charges against Defendant due to the expiration of the one-year statute of limitations. Before the circuit court, Defendant…
Date: September 21, 2017
Citation: 2017 Ark. 254
Docket Number: CV-16-705
Justia Opinion Summary: The Supreme Court affirmed the order of the habeas court denying Petitioner’s petition for a writ of habeas corpus, holding that Petitioner did not state a ground on which a writ of habeas corpus could be…
Date: September 21, 2017
Citation: 2017 Ark. 258
Docket Number: CV-17-477
Date: September 14, 2017
Citation: 2017 Ark. 251
Date: September 14, 2017
Citation: 2017 Ark. 245
Docket Number: CR-14-257
Justia Opinion Summary: The Supreme Court denied Petitioner’s request that that court reinvest jurisdiction in the trial court to consider a petition for writ of error coram nobis in his criminal case. Petitioner, who was found guilty of…
Date: September 14, 2017
Citation: 2017 Ark. 246
Docket Number: CR-16-1061
Justia Opinion Summary: The Supreme Court affirmed the trial court’s conclusion that Appellant’s attempt to waive his right to counsel and represent himself at trial was equivocal and the court's decision to proceed with Appellant’s original…
Date: September 14, 2017
Citation: 2017 Ark. 247
Docket Number: CR-16-413
Date: September 14, 2017
Citation: 2017 Ark. 244
Docket Number: CR-17-244
Justia Opinion Summary: The Supreme Court granted a writ of mandamus to Petitioner, an inmate, to the extent it required Judge Edwin A. Keaton to rule on an outstanding pleading for postconviction relief but denied the request to direct Judge…
Date: September 14, 2017
Citation: 2017 Ark. 248
Docket Number: CV-17-411
Date: September 14, 2017
Citation: 2017 Ark. 249
Docket Number: CV-17-425
Date: September 14, 2017
Citation: 2017 Ark. 250
Docket Number: CV-17-474
Date: September 7, 2017
Citation: 2017 Ark. 241
Date: August 3, 2017
Citation: 2017 Ark. 229
Docket Number: CR-13-1006
Justia Opinion Summary: The Supreme Court denied Petitioner’s pro se petition to reinvest jurisdiction in the trial court to consider a petition for writ of error coram nobis in his criminal case, an amendment to the petition, and Petitioner’s…
Date: August 3, 2017
Citation: 2017 Ark. 236
Docket Number: CR-16-1075
Justia Opinion Summary: The Supreme Court affirmed the judgment of circuit court denying Petitioner’s second pro se petition for writ of error coram nobis. In the petition, Petitioner alleged that his guilty plea was obtained by coercion and…
Date: August 3, 2017
Citation: 2017 Ark. 231
Docket Number: CR-16-997
Justia Opinion Summary: The Supreme Court affirmed the denial of Appellant’s pro se petition filed under Ark. Code Ann. 16-90-111. In his petition, Appellant argued (1) the two sentences of life imprisonment that were imposed on him in 1994…
Date: August 3, 2017
Citation: 2017 Ark. 232
Docket Number: CR-17-229
Justia Opinion Summary: The Supreme Court dismissed Appellant’s appeal from a decision of the trial court that denied Appellant’s pro se petition for declaratory relief. In his petition, Appellant asked the trial court to enforce the terms of…
Date: August 3, 2017
Citation: 2017 Ark. 230
Docket Number: CR-17-230
Justia Opinion Summary: The Supreme Court affirmed the trial court’s denial of Appellant’s pro se petition filed pursuant to Ark. Code Ann. 16-90-111 to correct a sentence imposed on him in 2004 on the grounds that the sentence was illegal. The…
Date: August 3, 2017
Citation: 2017 Ark. 235
Docket Number: CR-17-324
Justia Opinion Summary: Petitioner filed in the Supreme Court a pro se petition for writ of mandamus arguing that the circuit judge had not acted in a timely manner on a pro se petition for writ of error cream nobis filed in the circuit court.…
Date: August 3, 2017
Citation: 2017 Ark. 238
Docket Number: CR-17-362
Justia Opinion Summary: The Supreme Court denied Petitioner’s pro se motion seeking permission to proceed with a belated appeal of an order denying a motion for reconsideration of the denial of a postconviction motion that alleged multiple…
Date: August 3, 2017
Citation: 2017 Ark. 237
Docket Number: CV-16-1064
Justia Opinion Summary: The Supreme Court affirmed the circuit court’s denial of Appellant’s petition for writ of mandamus alleging that his rights had been violated by the denial of his parole. The circuit court found, among other things, that…
Date: August 3, 2017
Citation: 2017 Ark. 233
Docket Number: CV-16-527
Justia Opinion Summary: The Supreme Court affirmed the circuit court’s denial of Appellant’s in forma pauperis petition. Appellant filed the petition so that he might initiate an action seeking “writs of prohibitory petitions” challenging a…
Date: August 3, 2017
Citation: 2017 Ark. 239
Docket Number: CV-17-329
Justia Opinion Summary: The Supreme Court affirmed the circuit court’s denial of Appellant’s pro se motions seeking reconsideration of Appellant’s petition for writ of habeas corpus that had previously been dismissed by the circuit court.…
Date: August 3, 2017
Citation: 2017 Ark. 240
Docket Number: CV-17-412
Date: August 3, 2017
Citation: 2017 Ark. 234
Docket Number: CV-17-72
Justia Opinion Summary: The Supreme Court affirmed the circuit court’s order dismissing Appellant’s pro se petition for judicial review of an adjudication made by the Arkansas Parole Board pursuant to the Arkansas Administrative Procedure Act.…
Date: June 22, 2017
Citation: 2017 Ark. 228
Date: June 22, 2017
Citation: 2017 Ark. 225
Docket Number: CV-16-488
Justia Opinion Summary: The mandatory termination language in Ark. Code Ann. 9-12-312(a)(2)(D) does not apply retroactively to automatically terminate alimony awards entered before the 2013 amendment. Pursuant to a 2011 divorce decree, the…
Date: June 13, 2017
Citation: 2017 Ark. 224
Docket Number: CV-16-898
Justia Opinion Summary: Appellant, an inmate of the Arkansas Department of Correction (ADC), was part of a class-action lawsuit brought against the City of Helena-West Helena and Phillips County. The lawsuit settled, and the ADC received a…
Date: June 8, 2017
Citation: 2017 Ark. 223
Date: June 8, 2017
Citation: 2017 Ark. 211
Docket Number: CR-16-413
Justia Opinion Summary: Appellant appealed his convictions of capital murder and kidnapping, arguing that the circuit court erred in denying his motions to suppress on five separate grounds. The State cross-appealed, arguing that the circuit…
Date: June 8, 2017
Citation: 2017 Ark. 217
Docket Number: CR-16-1062
Justia Opinion Summary: The Supreme Court affirmed Appellant's convictions for one count of aggravated robbery, two counts of robbery, three counts of theft of property, and one count of commercial burglary, holding (1) the circuit court did…
Date: June 8, 2017
Citation: 2017 Ark. 218
Docket Number: CR-16-831
Justia Opinion Summary: Appellant was convicted of residential burglary and sentenced to probation. Thereafter, Appellant was convicted of residential burglary and sentenced to a suspended imposition of sentence. Appellant was then convicted of…
Date: June 8, 2017
Citation: 2017 Ark. 215
Docket Number: CR-16-858
Justia Opinion Summary: By per curiam opinion, the Supreme Court denied Appellant’s pro se petition for a writ of error coram nobis. In this same opinion, however, the court held that Appellant’s sentence was illegal and remanded the case to…
Date: June 8, 2017
Citation: 2017 Ark. 214
Docket Number: CV-16-1008
Justia Opinion Summary: Appellant pleaded guilty to murder in the first degree and was sentenced to 480 months in prison. Appellant later filed a petition for writ of habeas corpus seeking release from custody. The circuit court dismissed the…
Date: June 8, 2017
Citation: 2017 Ark. 219
Docket Number: CV-16-600
Justia Opinion Summary: The circuit court imposed upon the City of Little Rock a fine for violations of Ark. R. Civ. P. 11 and found the City in contempt for failure to timely pay the time. The City appealed, arguing that the imposition of Rule…
Date: June 8, 2017
Citation: 2017 Ark. 213
Docket Number: CV-16-755
Justia Opinion Summary: In this wrongful termination case, Peggy Cryer, who was sued individually and in her official capacity as executive secretary of the Arkansas State Medical Board, was entitled to statutory immunity on some, but not all,…
Date: June 8, 2017
Citation: 2017 Ark. 221
Docket Number: CV-17-268
Justia Opinion Summary: Hence forth, all briefed cases submitted to the court of appeals must be disposed of by full, written majority opinions. Thus, In re Memorandum Opinions, 700 S.W.2d 63 (Ark. Ct. App. 1985), in which the court of appeals…
Date: June 1, 2017
Citation: 2017 Ark. 195
Docket Number: CR-03-800
Justia Opinion Summary: Before the Supreme Court was Appellant’s sixth pro se petition requesting that the court reinvest jurisdiction in the trial court in his criminal case to consider a petition for writ of error coram nobis. Also before the…
Date: June 1, 2017
Citation: 2017 Ark. 201
Docket Number: CR-15-899
Justia Opinion Summary: Appellant was convicted of capital murder, rape, kidnapping, and residential burglary. Appellant was sentenced to death for the capital murder conviction. The Supreme Court affirmed the judgment of the trial court,…
Date: June 1, 2017
Citation: 2017 Ark. 199
Docket Number: CR-16-1113
Justia Opinion Summary: In 2006, Appellant pleaded guilty to first-degree battery and other offenses. In 2016, Appellant filed a second amended petition seeking coram nobis relief. The trial court denied relief, noting that it had found…
Date: June 1, 2017
Citation: 2017 Ark. 206
Docket Number: CV-16-1038
Justia Opinion Summary: Statutory postjudgment interest on attorney’s fees accrues when the fees were actually quantified in dollars and cents rather than when the right thereto was first established. Plaintiff was granted judgment on her…
Date: June 1, 2017
Citation: 2017 Ark. 207
Docket Number: CR-16-891
Justia Opinion Summary: Appellant, who was convicted of murder in the first degree with a firearm enhancement and attempted murder in the first degree, filed a petition for postconviction relief pursuant to Ark. R. Crim. P. 37, asserting that…
Date: June 1, 2017
Citation: 2017 Ark. 196
Docket Number: CR-16-767
Justia Opinion Summary: Appellant, who was convicted of capital murder in 1995, filed a petition in 2016 seeking to compel the prosecuting attorney to direct the Arkansas State Crime Laboratory to turn over information from his case. The trial…
Date: June 1, 2017
Citation: 2017 Ark. 208
Docket Number: CR-17-248
Justia Opinion Summary: Petitioner, who was convicted on charges of kidnapping, rape, and murder, filed a pro se petition for scientific testing under Act 1780 of 2001 Acts of Arkansas. Petitioner filed a petition for leave to proceed in forma…
Date: June 1, 2017
Citation: 2017 Ark. 203
Docket Number: CR-17-42
Justia Opinion Summary: Appellant was found guilty of murder in the first degree and sentenced to 480 months’ imprisonment. Approximately seventeen months after the judgment had been entered Appellant filed a pro se motion for a “nunc pro tunc…
Date: June 1, 2017
Citation: 2017 Ark. 204
Docket Number: CV-16-238
Justia Opinion Summary: After the underlying business dispute proceeded to arbitration, Appellees filed in the circuit court a petition to enforce the award, and Appellant filed a cross-petition to vacate the award. The circuit court confirmed…
Date: June 1, 2017
Citation: 2017 Ark. 209
Docket Number: CR-17-277
Justia Opinion Summary: Petitioner pleaded guilty to ten counts of distribution, possession, or viewing of matter depicting sexually explicit conduct involving a child. Petitioner later filed a pro se notice of appeal. The court clerk declined…
Date: June 1, 2017
Citation: 2017 Ark. 197
Docket Number: CV-16-886
Justia Opinion Summary: In 2014, Appellant, who was not a naturalized citizen of the United States, entered a negotiated change of plea to possession with the purpose to deliver methamphetamine. The circuit court accepted the plea and sentenced…
Date: June 1, 2017
Citation: 2017 Ark. 210
Docket Number: CR-16-1126
Justia Opinion Summary: Appellant, who was convicted of rape, filed a pro se petition to correct an illegal sentence under Ark. Code Ann. 16-90-111. The trial court denied the petition. Appellant appealed. The Supreme Court found good cause to…
Date: June 1, 2017
Citation: 2017 Ark. 198
Docket Number: CV-17-126
Justia Opinion Summary: Appellant, who was incarcerated at a unit of the Arkansas Department of Correction located in Lee County for committing the crime of rape, filed a pro se petition for writ of habeas corpus in the Lincoln County Circuit…
Date: June 1, 2017
Citation: 2017 Ark. 200
Docket Number: CV-17-33
Justia Opinion Summary: Appellant was charged by information with three counts of rape, each involving a different occasion and a different victim. The offenses were severed for trial. Appellant was ultimately convicted on all three counts. In…
Date: May 25, 2017
Citation: 2017 Ark. 189
Docket Number: CV-15-870
Justia Opinion Summary: Appellant filed a pro se habeas corpus petition and a petition for leave to proceed in forma pauperis. Thereafter, Appellant filed his notice of appeal in which he sought to appeal what he referred to as a “deemed denied…
Date: May 25, 2017
Citation: 2017 Ark. 193
Docket Number: CV-15-898
Justia Opinion Summary: Appellants were minority stockholders in First Community Bank of Crawford County (FBC). After First Bank reached an agreement to merge with FCB, First Bank filed an application with the Arkansas State Banking Board. The…
Date: May 25, 2017
Citation: 2017 Ark. 192
Docket Number: CV-15-943
Justia Opinion Summary: A jury found for Plaintiff on her claim for breach of contract and on her promissory-estoppel claim. The jury rendered verdicts against Defendants on their counterclaims. Defendants filed a motion for judgment…
Date: May 25, 2017
Citation: 2017 Ark. 190
Docket Number: CV-16-554
Justia Opinion Summary: Upon the divorce of Thomas Jones and Kimberly Miller the circuit court entered a final order awarding Kimberly a $20,687.75 judgment against Thomas. The circuit court issued a writ of execution directing the sheriff to…
Date: May 25, 2017
Citation: 2017 Ark. 194
Docket Number: CV-16-962
Justia Opinion Summary: Appellant was convicted of aggravated robbery, kidnapping, and theft. Appellant’s convictions and sentences were affirmed on appeal. Appellant later filed a petition to correct an illegal sentence pursuant to Ark. Code…
Date: May 18, 2017
Citation: 2017 Ark. 187
Docket Number: CR-17-256
Date: May 18, 2017
Citation: 2017 Ark. 181
Docket Number: CV-16-473
Justia Opinion Summary: The circuit court determined that appropriations made by ordinances or resolutions of the cities of Little Rock and North Little Rock (Appellants) to the cities’ chambers of commerce and related economic development…
Date: May 18, 2017
Citation: 2017 Ark. 186
Docket Number: CV-16-747
Justia Opinion Summary: Appellant filed a petition for declaratory relief and a writ of mandamus regarding a decision made by the Arkansas Board of Parole rescinding a finding that Appellant was eligible for transfer and a subsequent decision…
Date: May 18, 2017
Citation: 2017 Ark. 182
Docket Number: CV-16-926
Justia Opinion Summary: The Supreme Court affirmed the circuit court’s order of adoption that granted Destiny Rodgers’ request to adopt Reanna Rodgers’ four minor children. Destiny was the current spouse of Reanna’s ex-husband. The court held…
Date: May 11, 2017
Citation: 2017 Ark. 178
Docket Number: CR-07-238
Justia Opinion Summary: Petitioner filed in the Supreme Court a pro se petition to reinvest jurisdiction in the trial court to consider a second petition for writ of error coram nobis. Petitioner was convicted of capital murder and aggravated…
Date: May 11, 2017
Citation: 2017 Ark. 175
Docket Number: CR-16-738
Justia Opinion Summary: Appellant, who was convicted of second-degree sexual assault and sexual indecency with a child, filed in the trial court a request for an amended sentencing order based on a pro se motion for jail-time credit, alleging…
Date: May 11, 2017
Citation: 2017 Ark. 174
Docket Number: CR-16-940
Justia Opinion Summary: Appellant appealed the circuit court’s order denying his petition for postconviction relief alleging ineffective assistance of counsel under Ark. R. Crim. P. 37.1. Appellant was convicted of capital murder and sentenced…
Date: May 11, 2017
Citation: 2017 Ark. 176
Docket Number: CR-17-28
Justia Opinion Summary: Appellant appealed the trial court’s denial of his petition to correct an illegal sentence pursuant to Ark. Code Ann. 16-90-11b and petition for writ of habeas corpus seeking release from custody. The Supreme Court…
Date: May 11, 2017
Citation: 2017 Ark. 177
Docket Number: CR-81-82
Justia Opinion Summary: The Arkansas Supreme Court denied Petitioner’s pro se second petition to reinvest jurisdiction in the trial court to consider a petition for writ of error coram nobis. Petitioner, who was convicted by a jury of capital…
Date: May 11, 2017
Citation: 2017 Ark. 173
Docket Number: CV-16-566
Justia Opinion Summary: In this negligence action, the circuit court granted Plaintiff’s motion for a new trial and set aside the jury’s unanimous verdict in favor of Defendants. Defendants appealed, arguing that none of the arguments raised in…
Date: May 11, 2017
Citation: 2017 Ark. 171
Docket Number: CV-17-112
Justia Opinion Summary: The Arkansas Supreme Court reversed the circuit court’s order terminating Father’s parental rights to his twin children. The circuit court found that Father was an unfit parent based on two statutory grounds under Ark.…
Date: May 4, 2017
Citation: 2017 Ark. 170
Date: May 4, 2017
Citation: 2017 Ark. 167
Docket Number: CR-93-173
Justia Opinion Summary: The Supreme Court denied Petitioner’s pro se petition to reinvest jurisdiction in the trial court to consider a petition for writ of error coram nobis in the case and declared as moot Petitioners motions for, inter alia,…
Date: May 4, 2017
Citation: 2017 Ark. 168
Docket Number: CV-16-1090
Justia Opinion Summary: The Supreme Court dismissed the appeal of an order denying Appellant’s pro se petition for writ of habeas corpus, holding that Appellant failed to establish probable cause for issuance of the writ and, in any event,…
Date: May 4, 2017
Citation: 2017 Ark. 161
Docket Number: CV-16-148
Justia Opinion Summary: The Supreme Court accepted a question certified to it by the court of appeals regarding the suspension, discharge, or reduction in rank for certain civil-service officers. The Court answered (1) appeals from…
Date: May 4, 2017
Citation: 2017 Ark. 165
Docket Number: CV-16-550
Date: May 4, 2017
Citation: 2017 Ark. 162
Docket Number: CV-16-584
Justia Opinion Summary: In this complaint filed against Robinson Nursing and Rehabilitation Center, LLC and related entities (collectively, Robinson), the Supreme Court affirmed the circuit court’s order granting class certification in part and…
Date: April 27, 2017
Citation: 2017 Ark. 156
Docket Number: CR-16-606
Justia Opinion Summary: After a retrial, Appellant was convicted of four counts of rape. Appellant filed a petition for postconviction relief under Ark. R. Crim. P. 37.1, propounding three claims of ineffective assistance of counsel that…
Date: April 27, 2017
Citation: 2017 Ark. 155
Docket Number: CR-16-809
Justia Opinion Summary: After a jury trial, Appellant was found guilty of first-degree murder and employing a firearm as a means of committing the murder. Appellant was sentenced to life imprisonment for the murder conviction. On appeal,…
Date: April 27, 2017
Citation: 2017 Ark. 157
Docket Number: CR-16-969
Justia Opinion Summary: Attorney Jimmy Morris was the defense attorney of a defendant charged with first degree murder. The circuit court found Morris in contempt for failing to appear on time for the defendant’s jury trial and fined him…
Date: April 27, 2017
Citation: 2017 Ark. 160
Docket Number: CR-17-146
Justia Opinion Summary: After a jury trial, Petitioner was found guilty of nine counts of first-degree battery. No appeal was taken. An amended sentencing order was entered reflecting that Petitioner was sentenced to 3240 months’ imprisonment.…
Date: April 27, 2017
Citation: 2017 Ark. 152
Docket Number: CV-16-697
Date: April 27, 2017
Citation: 2017 Ark. 154
Docket Number: CV-16-934
Justia Opinion Summary: Keep Our Dollars in Independence County (KODIC), a local-option ballot question committee, sponsored a petition to allow Independence County voters to decide whether to permit the manufacture and sale of alcoholic…
Date: April 24, 2017
Citation: 2017 Ark. 151
Docket Number: CR-97-949
Date: April 20, 2017
Citation: 2017 Ark. 145
Docket Number: CR-14-1088
Justia Opinion Summary: Petitioner was found guilty of murder in the first degree and abuse of a corpse. Petitioner was sentenced as a habitual offender to an aggregate sentence of life imprisonment. The Supreme Court affirmed. Now before the…
Date: April 20, 2017
Citation: 2017 Ark. 142
Docket Number: CR-16-228
Justia Opinion Summary: After a jury trial, Appellant was convicted of first-degree murder and six counts of terroristic acts. Appellant was also found guilty of using a firearm during the commission of a felony on each count. On appeal,…
Date: April 20, 2017
Citation: 2017 Ark. 144
Docket Number: CR-16-961
Justia Opinion Summary: Appellant entered a plea of nolo contendere to second-degree sexual assault and was sentenced to 180 months’ imprisonment. Approximately forty-one months after the judgment in his case had been entered, Appellant filed a…
Date: April 20, 2017
Citation: 2017 Ark. 149
Docket Numbers: Cr-17-315, CR-17-315
Date: April 20, 2017
Citation: 2017 Ark. 139
Docket Number: CV-16-144
Justia Opinion Summary: Mother and Father divorced in 2005. In 2012, the circuit court memorialized an agreement by the parties raising Father’s child-support obligation to $6,005 per month. In 2014, Father filed a petition to reduce his child…
Date: April 20, 2017
Citation: 2017 Ark. 143
Docket Number: CV-16-545
Justia Opinion Summary: Roby Lowery Stapleton was murdered in 1963. Her murder remains unsolved. In 2013, through the Keech Law Firm, Stapleton’s family made a formal written request to the Department of Arkansas State Police (ASP) for a copy…
Date: April 20, 2017
Citation: 2017 Ark. 146
Docket Number: CV-16-907
Date: April 19, 2017
Citation: 2017 Ark. 138
Docket Number: CR-17-312
Date: April 19, 2017
Citation: 2017 Ark. 137
Docket Number: CR-17-312
Date: April 17, 2017
Citation: 2017 Ark. 135
Docket Number: CR-92-1385 & CR-00-528
Date: April 17, 2017
Citation: 2017 Ark. 133
Docket Number: CR-92-1385 & CR-00-528
Date: April 17, 2017
Citation: 2017 Ark. 136
Docket Number: CR-98-657
Date: April 13, 2017
Citation: 2017 Ark. 123
Docket Number: CR-15-658
Justia Opinion Summary: After a jury trial, Appellant was found guilty of capital murder. Appellant was sentenced to life imprisonment without parole. The Supreme Court affirmed. Appellant later filed a petition for postconviction relief under…
Date: April 13, 2017
Citation: 2017 Ark. 129
Docket Number: CR-16-547
Justia Opinion Summary: After a jury trial, Appellant was convicted of capital murder. Appellant was sentenced as a habitual offender to life without parole. The Supreme Court affirmed. Appellant subsequently filed a pro se petition for…
Date: April 13, 2017
Citation: 2017 Ark. 128
Docket Number: CR-16-574
Justia Opinion Summary: Petitioner filed a petition for relief under Ark. Code Ann. 16-90-111 that challenged his convictions in four cases. The trial court denied the petition. Petitioner untimely tendered the appeal record, but the Supreme…
Date: April 13, 2017
Citation: 2017 Ark. 126
Docket Number: CR-95-985
Justia Opinion Summary: After a jury trial, Petitioner was found guilty of capital murder. Petitioner was sentenced to life imprisonment without parole. The Supreme Court affirmed. This appeal concerned Petitioner’s second petition requesting…
Date: April 13, 2017
Citation: 2017 Ark. 124
Docket Number: CV-16-1015
Date: April 13, 2017
Citation: 2017 Ark. 130
Docket Number: CV-16-1060
Justia Opinion Summary: After a jury trial, Appellant was convicted of first-degree murder. Appellant was sentenced as a habitual offender to life imprisonment without the possibility of parole. Thereafter, Appellant filed multiple pro se…
Date: April 6, 2017
Citation: 2017 Ark. 117
Docket Number: CR-16-804
Justia Opinion Summary: After a jury trial, Defendant was convicted as an accomplice to capital murder and kidnapping. Defendant was sentenced to life without parole for the murder conviction and to a term of twenty-five years for kidnapping.…
Date: April 6, 2017
Citation: 2017 Ark. 120
Docket Number: CR-91-206
Justia Opinion Summary: After a jury trial, Petitioner was found guilty of murder. Petitioner was sentenced to life imprisonment without parole. The Supreme Court affirmed. Petitioner field a petition for coram nobis relief, alleging, inter…
Date: April 6, 2017
Citation: 2017 Ark. 121
Docket Number: CR-96-270
Justia Opinion Summary: Petitioner was convicted of capital murder and sentenced to life without parole. The Supreme Court affirmed the judgment. Thereafter, Petitioner was convicted of first-degree murder and sentenced as a habitual offender…
Date: April 6, 2017
Citation: 2017 Ark. 115
Docket Number: CV-16-1018
Justia Opinion Summary: The Arkansas Department of Human Services (DHS) filed a petition to terminate Parents’ parental rights to their three children, alleging multiple grounds against each parent. After a termination hearing, the circuit…
Date: April 6, 2017
Citation: 2017 Ark. 113
Docket Number: CV-16-313
Justia Opinion Summary: Eugene Pfeifer and the Pfeifer Family Limited Partnership #1 (Pfeifer) petitioned the City of North Little Rock to create Northshore Lane Multipurpose Municipal Improvement District No. 36. Pfeifer claimed to be the…
Date: March 30, 2017
Citation: 2017 Ark. 211
Docket Number: CR-10-6
Justia Opinion Summary: After a jury trial, Petitioner was found guilty of the rape of a child. Petitioner was sentenced to 432 months’ imprisonment. The court of appeals affirmed. Petitioner later filed a pro se petition to reinvest…
Date: March 30, 2017
Citation: 2017 Ark. 206
Docket Number: CR-16-719
Justia Opinion Summary: After a jury trial, Appellant was convicted of first-degree murder. The jury found Appellant had used a firearm in the commission of that murder. At trial, Appellant filed a motion for new trial following the discovery…
Date: March 30, 2017
Citation: 2017 Ark. 107
Docket Number: CR-16-720
Date: March 30, 2017
Citation: 2017 Ark. 207
Docket Number: CR-16-720
Justia Opinion Summary: Appellant was charged with one count of battery in the first degree and one count of battery in the second degree. The first jury trial resulted in a mistrial. The circuit court entered a revised scheduling order setting…
Date: March 30, 2017
Citation: 2017 Ark. 109
Docket Number: CV-16-304
Date: March 30, 2017
Citation: 2017 Ark. 209
Docket Number: CV-16-304
Justia Opinion Summary: Plaintiffs filed a class-action implant against the Arkansas State Police Retirement System (ASPRS) and its Trustees, in their official capacity, on behalf of certain members of the Arkansas State Police Retirement…
Date: March 30, 2017
Citation: 2017 Ark. 210
Docket Number: CV-16-887
Justia Opinion Summary: After a jury trial, Appellant was found guilty of capital murder, aggravated robbery, and theft of property. In a separate trial, Appellant was found guilty by a jury of an additional aggravated robbery. Appellant later…
Date: March 16, 2017
Citation: 2017 Ark. 104
Docket Number: CR-08-616
Justia Opinion Summary: After a jury trial, Petitioner was found guilty of first-degree murder. Petitioner was sentenced to 300 months’ imprisonment. The court of appeals affirmed. Now before the Supreme Court was Petitioner’s pro se petition…
Date: March 16, 2017
Citation: 2017 Ark. 101
Docket Number: CR-16-415
Justia Opinion Summary: Appellant pleaded guilty to second-degree murder and was sentenced to an aggregate sentence of fifty-five years’ imprisonment. Defendant later filed a petition to correct an illegal sentence under Ark. Code Ann.…
Date: March 16, 2017
Citation: 2017 Ark. 105
Docket Number: CR-17-35
Date: March 16, 2017
Citation: 2017 Ark. 97
Docket Number: CV-15-789
Justia Opinion Summary: Appellant, an inmate, filed a complaint against twenty-two employees of the Arkansas Department of Corrections alleging violations of his civil rights. Specifically, Appellant claimed that he was denied access to certain…
Date: March 16, 2017
Citation: 2017 Ark. 98
Docket Number: CV-16-151
Justia Opinion Summary: Gregory Pelts and Shelly Pelts divorced in 2014. In the divorce decree, the circuit court granted Shelly a marital portion of Gregory’s military retirement and ordered Gregory to pay for a survivor-benefit option for…
Date: March 16, 2017
Citation: 2017 Ark. 92
Docket Number: CV-16-185
Justia Opinion Summary: Cynthia Frazier, an employee of Baptist Medical Center, was fatally injured when she was struck by a car driven by a fellow Baptist employee as she walked across the Baptist campus. Frazier’s estate sued Baptist for…
Date: March 16, 2017
Citation: 2017 Ark. 94
Docket Number: CV-16-233
Justia Opinion Summary: Teresa Jones filed claims against Truman Arnold Companies (TAC) for negligent supervision, retention, and hiring of a store manager, claiming that she was a victim of sexual assault and harassment while employed by TAC…
Date: March 16, 2017
Citation: 2017 Ark. 100
Docket Number: CV-16-234
Justia Opinion Summary: Patricia Adams filed claims against Truman Arnold Companies (TAC) for negligent supervision, retention, and hiring of a store manager, claiming that she was a victim of sexual assault and harassment while employed by TAC…
Date: March 16, 2017
Citation: 2017 Ark. 90
Docket Number: CV-16-277
Justia Opinion Summary: Washington Regional Medical Center (WRMC) filed a petition to quiet title in certain property, claiming to be the legal owner of the property after having acquired fee-simple title from the City by quitclaim deed and…
Date: March 16, 2017
Citation: 2017 Ark. 103
Docket Number: CV-16-824
Date: March 16, 2017
Citation: 2017 Ark. 95
Docket Number: CV-16-840
Justia Opinion Summary: The City of Hot Springs passed an ordinance annexing two tracts of property under Ark. Code Ann. 14-40-501. Certain property owners filed a complaint to set aside the annexation, arguing that the statutory scheme…
Date: March 16, 2017
Citation: 2017 Ark. 102
Docket Number: CV-16-929
Justia Opinion Summary: After a jury trial, Defendant was found guilty of first-degree murder and sentenced to 420 months’ imprisonment. The court of appeals affirmed on appeal. Thereafter, Defendant filed a pro se petition for writ of habeas…
Date: March 9, 2017
Citation: 2017 Ark. 88
Docket Number: CR-16-1069
Justia Opinion Summary: After a jury trial, Appellant was found guilty of criminal-attempt first-degree murder and two counts of committing a terroristic act. The court of appeals affirmed Appellant’s convictions and sentences. Appellant later…
Date: March 9, 2017
Citation: 2017 Ark. 87
Docket Number: CR-16-624
Justia Opinion Summary: After a jury trial, Petitioner was found guilty of second-degree sexual assault. Petitioner was sentenced to 120 months’ imprisonment. No appeal was taken from the judgment of conviction. Petitioner then sought leave…
Date: March 9, 2017
Citation: 2017 Ark. 78
Docket Number: CV-16-22
Justia Opinion Summary: Alcoa Road Storage, Inc. was awarded attorneys’ fees in a judgment arising from a condemnation proceeding. The City of Benton appealed, arguing that the circuit court erred in awarding attorneys’ fees because there is no…
Date: March 9, 2017
Citation: 2017 Ark. 80
Docket Number: CV-16-23
Justia Opinion Summary: Larry Teeter, Donna Teeter, Amy Teeter Thomas, and Kevin Teeter (collectively, the Teeters) were awarded attorneys’ fees in a judgment arising from a condemnation proceeding. The City of Benton appealed, challenging the…
Date: March 9, 2017
Citation: 2017 Ark. 85
Docket Number: CV-16-370
Justia Opinion Summary: Appellant, an inmate, filed a petition seeking judicial review of a decision of the Arkansas Parole Board that denied Appellant’s application for parole. In his petition, Appellant contended that the Board had deprived…
Date: March 9, 2017
Citation: 2017 Ark. 83
Docket Number: CV-16-430
Justia Opinion Summary: In 2013, Felicia Farris filed an amended complaint alleging that, in 2005, she entered into a contract with Cynthia Conger, d/b/a Conger Wealth Management (Conger), entitled “Wealth Management Agreement.” In 2008, Farris…
Date: March 9, 2017
Citation: 2017 Ark. 82
Docket Number: CV-16-607
Justia Opinion Summary: On January 19, 2016, the Board of Directors of the City of Hot Springs passed an ordinance annexing certain land. The City of Hot Springs then published the ordinance. On February 23, 2016, a petition sponsor delivered a…
Date: March 9, 2017
Citation: 2017 Ark. 89
Docket Number: CV-17-44
Justia Opinion Summary: Petitioner, an inmate, filed a pro se petition for writ of habeas corpus seeking release from custody. An order was entered denying the petition. Thirty-five days later, Petitioner filed an untimely notice of appeal. Now…
Date: March 2, 2017
Citation: 2017 Ark. 74
Docket Number: CR-09-339
Justia Opinion Summary: Petitioner, a prisoner, brought his third petition seeking to reinvest jurisdiction in the trial court so that he may file a petition for writ of error coram nobis. In his third petition, Petitioner reiterated claims…
Date: March 2, 2017
Citation: 2017 Ark. 75
Docket Number: CR-10-206
Justia Opinion Summary: Petitioner was found guilty of multiple counts of unlawful discharge of a firearm from a vehicle and was sentenced to a total of 864 months’ imprisonment. Now before the Supreme Court was Petitioner’s pro se application…
Date: March 2, 2017
Citation: 2017 Ark. 64
Docket Number: CR-16-365
Justia Opinion Summary: Defendant was charged with numerous misdemeanor offenses. Defendant appealed his convictions in district court to the circuit court, where he stood trial before a jury. After the State rested, Defendant filed a motion…
Date: March 2, 2017
Citation: 2017 Ark. 70
Docket Number: CR-16-615
Justia Opinion Summary: After a jury trial, Defendant was found guilty of first degree murder and possession of a firearm by certain persons. Defendant appealed, arguing that the circuit court erred by denying his motion for new trial where…
Date: March 2, 2017
Citation: 2017 Ark. 66
Docket Number: CR-16-703
Justia Opinion Summary: Defendant was convicted for sexually grooming a child, two counts of sexual assault in the first degree, sexual assault in the second degree, and rape. Defendant received life sentences without parole for each of his…
Date: March 2, 2017
Citation: 2017 Ark. 67
Docket Number: CR-16-704
Justia Opinion Summary: Defendant, who was sixteen years old at the time of his arrest, was charged as an adult with robbery and aggravated assault. Defendant was subsequently interviewed by police in connection with an assault of a female. The…
Date: March 2, 2017
Citation: 2017 Ark. 76
Docket Number: CR-16-967
Justia Opinion Summary: Appellant entered a guilty plea to four felony offenses. Appellant later filed a pro se “belated motion to retract” his guilty plea on the grounds of ineffective assistance of counsel. The trial court treated the motion…
Date: March 2, 2017
Citation: 2017 Ark. 77
Docket Number: CR-16-974
Justia Opinion Summary: After a jury trial, Appellant was found guilty of aggravated robbery, first-degree robbery, and attempted rape. Appellant later filed a petition for a writ of habeas corpus under Act 1780 of 2001 Acts of Arkansas. The…
Date: March 2, 2017
Citation: 2017 Ark. 59
Docket Number: CV-16-435
Justia Opinion Summary: Sam Perroni filed a complaint with the Arkansas Judicial Discipline and Disability Commission and its former executive director (collectively, Commission) against Circuit Judge Tim Fox, alleging that Judge Fox violated…
Date: March 2, 2017
Citation: 2017 Ark. 63
Docket Number: CV-16-696
Justia Opinion Summary: The circuit court issued a temporary injunction and enjoined the August 9, 2016 special election to amend an existing sales-and-use tax and to issue bonds to finance the construction of a new Mississippi County…
Date: March 2, 2017
Citation: 2017 Ark. 71
Docket Number: CV-17-123
Justia Opinion Summary: Resolution No. R-2016-16 referred Ordinance No. O-2016-16, which amended an existing sales-and-use tax ordinance to change the indicated use of revenues, to the voters for approval or rejection in a special election to…
Date: March 2, 2017
Citation: 2017 Ark. 73
Docket Number: CV-17-54
Date: February 23, 2017
Citation: 2017 Ark. 55
Docket Number: CR-09-596
Justia Opinion Summary: After a jury trial, Petitioner was convicted of second-degree murder and sentenced under a firearm enhancement provision to a total of 540 months’ imprisonment. Now before the Supreme Court were Petitioner’s pro se…
Date: February 23, 2017
Citation: 2017 Ark. 50
Docket Number: CR-16-398
Justia Opinion Summary: After a jury trial, Defendant was found guilty of second-degree sexual assault and rape. The Supreme Court affirmed the convictions. Thereafter, Defendant filed original and amended petitions for postconviction relief…
Date: February 23, 2017
Citation: 2017 Ark. 56
Docket Number: CR-16-611
Justia Opinion Summary: Appellant entered a guilty plea to capital murder and was sentenced to life imprisonment without parole. Appellant later filed a pro se petition for writ of error coram nobis, arguing, inter alia, that he was incompetent…
Date: February 23, 2017
Citation: 2017 Ark. 57
Docket Number: CV-16-1059
Justia Opinion Summary: Petitioner was convicted of kidnapping and second-degree battery and was sentenced as a habitual offender to concurrent terms of life and 180 months’ imprisonment. The Supreme Court affirmed. Petitioner later filed a…
Date: February 23, 2017
Citation: 2017 Ark. 54
Docket Number: CV-16-183
Justia Opinion Summary: In this garnishment proceeding, the clerk of court issued a writ of garnishment against Cardinal Health. The circuit court set a hearing for June 1, 2015. Cardinal Health did not receive notice of the hearing and did not…
Date: February 23, 2017
Citation: 2017 Ark. 49
Docket Number: CV-16-586
Justia Opinion Summary: At issue in this case was Ordinance 5781, entitled “An Ordinance To Ensure Uniform Nondiscrimination Protections Within The City of Fayetteville For Groups Already Protected To Varying Degrees Throughout State Law.”…
Date: February 23, 2017
Citation: 2017 Ark. 52
Docket Number: CV-16-821
Justia Opinion Summary: When Mother and Father divorced, Mother was awarded custody of the parties’ twin boys, and Father was awarded visitation. Both parties later sought an award of primary custody, and Mother requested permission to relocate…
Date: February 16, 2017
Citation: 2017 Ark. 44
Docket Number: CR-08-458
Justia Opinion Summary: After a jury trial, Petitioner was found guilty of five counts of a terroristic act and one count of being a felon in possession of a firearm. Petitioner was sentenced to an aggregate sentence of 1320 months’…
Date: February 16, 2017
Citation: 2017 Ark. 34
Docket Number: CR-15-1022
Justia Opinion Summary: Appellant, a parolee, was charged as a habitual criminal offender with simultaneous possession of drugs and a firearm, possession of methamphetamine with intent to deliver, and possession of drug paraphernalia. Appellant…
Date: February 16, 2017
Citation: 2017 Ark. 31
Docket Number: CR-16-427
Justia Opinion Summary: After a jury trial, Appellant was convicted of one count of felon in possession of a firearm. On appeal, Appellant argued that the circuit court erred in denying his motion for directed verdict because the State failed…
Date: February 16, 2017
Citation: 2017 Ark. 45
Docket Number: CR-16-609
Justia Opinion Summary: After a jury trial, Petitioner was found guilty of manufacturing a controlled substance, possession of drug paraphernalia, and being a felon in possession of a firearm. No appeal was taken from the judgment of…
Date: February 16, 2017
Citation: 2017 Ark. 39
Docket Number: CR-16-827
Justia Opinion Summary: After a jury trial, Appellant was convicted of two counts of conspiracy to commit rape. Appellant was sentenced to thirty years’ imprisonment on each count. On appeal, Appellant argued that the circuit court erred by…
Date: February 16, 2017
Citation: 2017 Ark. 33
Docket Number: CV-16-10
Justia Opinion Summary: Wife appealed a decree entered by the circuit court divorcing her from Husband and contested the denial of her motion for reconsideration. Specifically, Wife argued that the circuit court erred (1) by deciding the…
Date: February 16, 2017
Citation: 2017 Ark. 41
Docket Number: CV-16-119
Justia Opinion Summary: James Toland was arrested on a felony and appeared before a judge who set a sheriff’s bond. Someone on Toland’s behalf paid the ten percent required under the bond. Thereafter, Told and First Arkansas Bail Bonds, Inc.…
Date: February 16, 2017
Citation: 2017 Ark. 42
Docket Number: CV-16-127
Justia Opinion Summary: Appellants in this case were class representatives of a group of property owners located in Hot Springs Village. Appellants filed suit against a private golf club associated with the development seeking a declaratory…
Date: February 16, 2017
Citation: 2017 Ark. 36
Docket Number: CV-16-284
Justia Opinion Summary: A class of police officers and firefighters employed by the City of Conway brought a class-action complaint alleging that the City breached its employment contract with them when it failed to allocate sales tax revenues…
Date: February 16, 2017
Citation: 2017 Ark. 37
Docket Number: CV-16-455
Justia Opinion Summary: Appellees, class representatives of property owners located in a subdivision, sought declaratory judgment that certain “tie-in rights” were unenforceable. During the suit, Appellant filed an interlocutory appeal of the…
Date: February 16, 2017
Citation: 2017 Ark. 46
Docket Number: CV-16-673
Justia Opinion Summary: Appellant was convicted of rape and theft of a van. Appellant was sentenced to terms of imprisonment and a fine. The Supreme Court affirmed the convictions and sentences. Appellant later filed a petition for a writ of…
Date: February 16, 2017
Citation: 2017 Ark. 47
Docket Number: CV-16-907
Date: February 9, 2017
Citation: 2017 Ark. 26
Docket Number: CR-01-1170
Justia Opinion Summary: After a jury trial, Petitioner was convicted of one count of capital-felony murder, two counts of aggravated property, and one count of misdemeanor theft of property. Now before the Supreme Court was Petitioner’s pro se…
Date: February 9, 2017
Citation: 2017 Ark. 27
Docket Number: CR-08-1385
Justia Opinion Summary: After a jury trial, Petitioner was found guilty of aggravated robbery. Petitioner was sentenced to 360 months’ imprisonment. The court of appeals affirmed. After unsuccessfully filing two pro se petitions to reinvest…
Date: February 9, 2017
Citation: 2017 Ark. 23
Docket Number: CR-16-487
Justia Opinion Summary: Defendant pleaded guilty to charges from several different cases, including first-degree murder, aggravated robbery, and first-degree escape. Defendant filed a petition for postconviction relief pursuant to Ark. R. Crim.…
Date: February 9, 2017
Citation: 2017 Ark. 20
Docket Number: Cr-16-511
Justia Opinion Summary: After a jury trial in 1994, Appellant was found guilty of first-degree murder. Appellant was sentenced to life imprisonment. In 2015, Appellant filed a petition asking the Supreme Court to reinvest jurisdiction in the…
Date: February 9, 2017
Citation: 2017 Ark. 24
Docket Number: CR-16-678
Date: February 9, 2017
Citation: 2017 Ark. 28
Docket Number: CR-16-998
Justia Opinion Summary: Appellant entered a guilty plea to possession of a controlled substance. On the same date, Appellant also entered a guilty plea to delivery of a controlled substance. The court ordered that the sentences in the two cases…
Date: February 9, 2017
Citation: 2017 Ark. 18
Docket Number: CV-15-1057
Justia Opinion Summary: Dayong Yang, as special administrator of the estate of his deceased child, filed this negligence action against the City of Little Rock, its employees, and Metropolitan Emergency Medical Services (MEMS) (collectively,…
Date: February 9, 2017
Citation: 2017 Ark. 30
Docket Number: CV-16-1011
Date: February 9, 2017
Citation: 2017 Ark. 29
Docket Number: CV-16-851
Justia Opinion Summary: Appellant was convicted of capital murder, aggravated robbery, theft of property, and fleeing. Appellant filed a pro se petition for writ of habeas corpus in the circuit court of the county in which he was incarcerated,…
Date: January 26, 2017
Citation: 2017 Ark. 17
Date: January 26, 2017
Citation: 2017 Ark. 13
Docket Number: CR-14-990
Justia Opinion Summary: After a jury trial, Defendant was convicted of driving while intoxicated (DWI) and failure to submit to a chemical test. The Supreme Court affirmed, holding (1) the State presented substantial evidence to support the…
Date: January 26, 2017
Citation: 2017 Ark. 10
Docket Number: CR-16-165
Justia Opinion Summary: After a jury trial, Appellant was found guilty of manslaughter. Appellant was sentenced to ten years’ imprisonment. The Supreme Court affirmed in part and reversed and remanded in part for a new trial, holding that the…
Date: January 26, 2017
Citation: 2017 Ark. 15
Docket Number: CR-16-579
Justia Opinion Summary: Defendant entered a negotiated plea of nolo contendere to rape and was sentenced to 180 months’ imprisonment. Defendant later filed a pro se petition for postconviction relief pursuant to Ark. R. Crim. P. 37.1 seeking to…
Date: January 19, 2017
Citation: 2017 Ark. 7
Docket Number: CR-16-420
Justia Opinion Summary: After a jury trial, Appellant was found guilty of rape and tampering with physical evidence. Appellant was sentenced to life imprisonment. The convictions were affirmed on appeal. Appellant subsequently filed a petition…
Date: January 19, 2017
Citation: 2017 Ark. 9
Docket Number: CR-97-401
Justia Opinion Summary: After a jury trial, Petitioner was found guilty of first-degree murder, theft of property, and false imprisonment. The trial court sentenced him to an aggregate term of life imprisonment. Two decades later, Petitioner…
Date: January 19, 2017
Citation: 2017 Ark. 8
Docket Number: CV-16-387
Date: January 12, 2017
Citation: 2017 Ark. 5
Docket Number: 16-839
Justia Opinion Summary: Appellant pleaded guilty to two counts of rape and was sentenced to an aggregate sentence of 480 months’ imprisonment. Appellant subsequently filed a petition for postconviction relief pursuant to Ark. R. Crim. P. 37.1,…
Date: January 12, 2017
Citation: 2017 Ark. 6
Date: January 12, 2017
Citation: 2017 Ark. 3
Docket Number: CV-15-958
Date: January 12, 2017
Citation: 2017 Ark. 2
Docket Number: CV-16-541
Justia Opinion Summary: After a jury trial, Appellant was found guilty of rape and second-degree sexual assault. Appellant was sentenced as a habitual offender to an aggregate term of 960 months’ imprisonment. The court of appeals affirmed.…
Date: January 12, 2017
Citation: 2017 Ark. 4
Docket Number: CV-16-560
Date: January 5, 2017
Citation: 2017 Ark. 1
Docket Number: CR-16-700
Justia Opinion Summary: In 2015, Appellant was convicted of capital felony murder and sentenced as a habitual offender to life imprisonment without parole. The Supreme Court affirmed. In 2016, Appellant filed a pro se petition for…
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