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  • Commentaries
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Arkansas Case Commentaries

Arkansas Supreme Court Upholds “Detriment to the Community” as a Valid Parole Denial Basis and Reemphasizes No Liberty Interest in Parole: Howerton v. McCastlain, 2025 Ark. 144

Arkansas Supreme Court Upholds “Detriment to the Community” as a Valid Parole Denial Basis and Reemphasizes No Liberty Interest in Parole: Howerton v. McCastlain, 2025 Ark. 144

Date: Oct 9, 2025
Arkansas Supreme Court Upholds “Detriment to the Community” as a Valid Parole Denial Basis and Reemphasizes No Liberty Interest in Parole Commentary on Howerton v. McCastlain, Chairman, Arkansas...
Coston v. State: Pretrial Addition of Same-Offense Counts Permissible Absent Unfair Surprise; No Presumed Prejudice Without a Continuance Request

Coston v. State: Pretrial Addition of Same-Offense Counts Permissible Absent Unfair Surprise; No Presumed Prejudice Without a Continuance Request

Date: Oct 9, 2025
Pretrial Addition of Same-Offense Counts Permissible Absent Unfair Surprise; No Presumed Prejudice Without a Continuance Request Introduction In William Coston v. State of Arkansas, 2025 Ark. 143...
Rule 33.1 Specificity Controls: Self-Defense Sufficiency Not Preserved by Intent-Only Motion; Figurative, Non‑Matching Threats Are Admissible to Prove Intent; 4‑3(a) Review Permitted on State’s Adverse‑Rulings List

Rule 33.1 Specificity Controls: Self-Defense Sufficiency Not Preserved by Intent-Only Motion; Figurative, Non‑Matching Threats Are Admissible to Prove Intent; 4‑3(a) Review Permitted on State’s Adverse‑Rulings List

Date: Sep 27, 2025
Rule 33.1 Specificity Controls: Self-Defense Sufficiency Not Preserved by Intent-Only Motion; Figurative, Non‑Matching Threats Are Admissible to Prove Intent; 4‑3(a) Review Permitted on State’s...
Stand-Your-Ground’s Initial-Aggressor Limit Clarified; Voir Dire on Lesser Burdens May Be Curtailed: Collins v. State, 2025 Ark. 137

Stand-Your-Ground’s Initial-Aggressor Limit Clarified; Voir Dire on Lesser Burdens May Be Curtailed: Collins v. State, 2025 Ark. 137

Date: Sep 27, 2025
Stand-Your-Ground’s Initial-Aggressor Limit Clarified; Voir Dire on Lesser Burdens May Be Curtailed: Collins v. State, 2025 Ark. 137 Introduction In Dylan Collins v. State of Arkansas, 2025 Ark. 137,...
Pleading Specific Conviction Dates Is Required to Overcome Sovereign Immunity in Arkansas Parole-Eligibility Challenges

Pleading Specific Conviction Dates Is Required to Overcome Sovereign Immunity in Arkansas Parole-Eligibility Challenges

Date: Sep 27, 2025
Pleading Specific Conviction Dates Is Required to Overcome Sovereign Immunity in Arkansas Parole-Eligibility Challenges Case: Jeremy Kennedy v. Arkansas Parole Board and Arkansas Division of...
Full Interview Recordings Can Cure Suppression-Hearing Playback Gaps: Arkansas Supreme Court Clarifies Record-Settlement Sufficiency and Reaffirms Purposeful-Discharge Mens Rea for Drive-By Capital Murder

Full Interview Recordings Can Cure Suppression-Hearing Playback Gaps: Arkansas Supreme Court Clarifies Record-Settlement Sufficiency and Reaffirms Purposeful-Discharge Mens Rea for Drive-By Capital Murder

Date: Sep 27, 2025
Full Interview Recordings Can Cure Suppression-Hearing Playback Gaps: Arkansas Supreme Court Clarifies Record-Settlement Sufficiency and Reaffirms Purposeful-Discharge Mens Rea for Drive-By Capital...
Vasquez v. State (2025 Ark. 134): Good-Faith Reliance on an Unrecorded Oral Nexus for a Cell-Phone Warrant; Character-Impeachment Missteps Held Harmless

Vasquez v. State (2025 Ark. 134): Good-Faith Reliance on an Unrecorded Oral Nexus for a Cell-Phone Warrant; Character-Impeachment Missteps Held Harmless

Date: Sep 27, 2025
Good-Faith Reliance on an Unrecorded Oral Nexus for a Cell-Phone Warrant; Character-Impeachment Missteps Held Harmless Case: Santiago Vasquez, Jr. v. State of Arkansas, 2025 Ark. 134 (Supreme Court...
Speed Alone Does Not Defeat Magistrate Neutrality; Multi-Day After-Hours Processing Is Not a Nighttime Search Under Rule 13.2(c)

Speed Alone Does Not Defeat Magistrate Neutrality; Multi-Day After-Hours Processing Is Not a Nighttime Search Under Rule 13.2(c)

Date: Sep 12, 2025
Speed Alone Does Not Defeat Magistrate Neutrality; Multi-Day After-Hours Processing Is Not a Nighttime Search Under Rule 13.2(c) Introduction In Timothy Clevenger v. State of Arkansas, 2025 Ark. 128...
Curative Instructions Suffice for Isolated, Inadvertent References to Prior Felony Status: Walker v. State (2025 Ark. 127)

Curative Instructions Suffice for Isolated, Inadvertent References to Prior Felony Status: Walker v. State (2025 Ark. 127)

Date: Sep 12, 2025
Curative Instructions Suffice for Isolated, Inadvertent References to Prior Felony Status: Walker v. State (2025 Ark. 127) Court: Supreme Court of Arkansas Date: September 11, 2025 Citation: 2025...
Rule 1.4 – Arkansas’s New Framework for the Immediate Interim Suspension of Judges Accused of “Serious Crime” or Other Conduct Endangering the Administration of Justice

Rule 1.4 – Arkansas’s New Framework for the Immediate Interim Suspension of Judges Accused of “Serious Crime” or Other Conduct Endangering the Administration of Justice

Date: Jun 18, 2025
Rule 1.4 – Arkansas’s New Framework for the Immediate Interim Suspension of Judges Accused of “Serious Crime” or Other Conduct Endangering the Administration of Justice Introduction On 12 June 2025,...
Eric Overton v. State of Arkansas: Uncorroborated Minor Testimony Sufficiency & Voir Dire Instruction Limits

Eric Overton v. State of Arkansas: Uncorroborated Minor Testimony Sufficiency & Voir Dire Instruction Limits

Date: Jun 10, 2025
Eric Overton v. State of Arkansas: Uncorroborated Minor Testimony Sufficiency & Voir Dire Instruction Limits Introduction This commentary analyzes the Supreme Court of Arkansas’s decision in Eric...
Amendment 33 Enforcement: Safeguarding Constitutional Boards’ Powers Against Usurpation

Amendment 33 Enforcement: Safeguarding Constitutional Boards’ Powers Against Usurpation

Date: Jun 10, 2025
Amendment 33 Enforcement: Safeguarding Constitutional Boards’ Powers Against Usurpation Introduction The Supreme Court of Arkansas’s decision in Sarah Sanders et al. v. Arkansas Board of Corrections...
Reinforcing the Strickland Two-Prong Test in Rule 37.1 Postconviction Proceedings: Turnbo v. Arkansas

Reinforcing the Strickland Two-Prong Test in Rule 37.1 Postconviction Proceedings: Turnbo v. Arkansas

Date: Jun 10, 2025
Reinforcing the Strickland Two-Prong Test in Rule 37.1 Postconviction Proceedings: Turnbo v. Arkansas Introduction Clarence Turnbo v. State of Arkansas, 2025 Ark. 106 addresses the scope and...
Strict Preservation of Objections to Prosecutorial Closing Arguments Established in Raymond Lovett v. State of Arkansas

Strict Preservation of Objections to Prosecutorial Closing Arguments Established in Raymond Lovett v. State of Arkansas

Date: Jun 10, 2025
Strict Preservation of Objections to Prosecutorial Closing Arguments Established in Raymond Lovett v. State of Arkansas Introduction Raymond Lovett v. State of Arkansas, 2025 Ark. 100, is a Supreme...
Reasonably Calculated Notice Meets Due Process in Tax Sales; Sovereign Immunity Bars Invalid Claims

Reasonably Calculated Notice Meets Due Process in Tax Sales; Sovereign Immunity Bars Invalid Claims

Date: Jun 10, 2025
Reasonably Calculated Notice Meets Due Process in Tax Sales; Sovereign Immunity Bars Invalid Claims Introduction This case arises from Tommy Land’s role as Arkansas Commissioner of State Lands and...
Structural Challenges Survive Personnel Changes: Amendment 33’s Shield Over Constitutional Boards Confirmed

Structural Challenges Survive Personnel Changes: Amendment 33’s Shield Over Constitutional Boards Confirmed

Date: Jun 6, 2025
Structural Challenges Survive Personnel Changes: Amendment 33’s Shield Over Constitutional Boards Confirmed Introduction In Sarah Sanders, Governor, et al. v. Arkansas Board of Corrections, 2025 Ark....
Lovett v. State (2025): The Arkansas Supreme Court Re-Affirms a “Strict-Preservation” Rule for Trial Objections

Lovett v. State (2025): The Arkansas Supreme Court Re-Affirms a “Strict-Preservation” Rule for Trial Objections

Date: Jun 6, 2025
Lovett v. State (2025): The Arkansas Supreme Court Re-Affirms a “Strict-Preservation” Rule for Trial Objections Introduction Raymond Lovett was convicted of capital murder and received a life...

        Overton v. State of Arkansas (2025): Prosecutorial Latitude in Voir-Dire
        to Reference the “Single-Witness Sufficiency” Rule

Overton v. State of Arkansas (2025): Prosecutorial Latitude in Voir-Dire to Reference the “Single-Witness Sufficiency” Rule

Date: Jun 6, 2025
Overton v. State of Arkansas (2025): Prosecutorial Latitude in Voir-Dire to Reference the “Single-Witness Sufficiency” Rule Introduction In Eric Overton v. State of Arkansas, 2025 Ark. 105, the...
Fit Natural Parent Presumption Trumps Nonrelative Custody: Oxley v. Lumpkins

Fit Natural Parent Presumption Trumps Nonrelative Custody: Oxley v. Lumpkins

Date: May 30, 2025
Fit Natural Parent Presumption Trumps Nonrelative Custody: Oxley v. Lumpkins Introduction In Zachary M. Oxley v. Larry Ray Lumpkins (2025 Ark. 98), the Supreme Court of Arkansas addressed a novel...
Lavoyce Wilder v. State of Arkansas: Clarifying Procedural Bars and Ineffective Assistance Standards in Rule 37.1 Postconviction Relief

Lavoyce Wilder v. State of Arkansas: Clarifying Procedural Bars and Ineffective Assistance Standards in Rule 37.1 Postconviction Relief

Date: May 30, 2025
Lavoyce Wilder v. State of Arkansas: Clarifying Procedural Bars and Ineffective Assistance Standards in Rule 37.1 Postconviction Relief Introduction In Lavoyce Wilder v. State of Arkansas (2025 Ark....
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