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  • Commentaries
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Arkansas Case Commentaries

Clarifying Sufficiency Review and Immediate Post‑Invocation Interrogation in Arkansas: Commentary on Reggie Matthews v. State

Clarifying Sufficiency Review and Immediate Post‑Invocation Interrogation in Arkansas: Commentary on Reggie Matthews v. State

Date: Dec 14, 2025
Clarifying Sufficiency Review and Immediate Post‑Invocation Interrogation in Arkansas: Commentary on Reggie Matthews v. State, 2025 Ark. 213 I. Introduction The Supreme Court of Arkansas’s decision...
Rehabilitative Use of Child Forensic Interviews and the Limits of Arkansas’s Tender-Years Hearsay Exception: Commentary on Minor Child v. State of Arkansas, 2025 Ark. 210

Rehabilitative Use of Child Forensic Interviews and the Limits of Arkansas’s Tender-Years Hearsay Exception: Commentary on Minor Child v. State of Arkansas, 2025 Ark. 210

Date: Dec 14, 2025
Rehabilitative Use of Child Forensic Interviews and the Limits of Arkansas’s Tender-Years Hearsay Exception: Commentary on Minor Child v. State of Arkansas, 2025 Ark. 210 I. Introduction The Arkansas...
Legislative Power over Voter‑Initiated Constitutional Amendments in Arkansas: Overruling Edgmon and Recasting Amendment 98’s Germaneness Clause

Legislative Power over Voter‑Initiated Constitutional Amendments in Arkansas: Overruling Edgmon and Recasting Amendment 98’s Germaneness Clause

Date: Dec 14, 2025
Legislative Power over Voter‑Initiated Constitutional Amendments in Arkansas: Overruling Edgmon and Recasting Amendment 98’s Germaneness Clause I. Introduction The Arkansas Supreme Court’s decision...
Program Beneficiaries’ Right to Intervene: Arkansas Supreme Court Expands Rule 24(a)(2) in Challenges to the LEARNS Act

Program Beneficiaries’ Right to Intervene: Arkansas Supreme Court Expands Rule 24(a)(2) in Challenges to the LEARNS Act

Date: Dec 14, 2025
Program Beneficiaries’ Right to Intervene: Arkansas Supreme Court Expands Rule 24(a)(2) in Challenges to the LEARNS Act Introduction In Erika Lara, Katie Parrish, and Nikita Glendenning v. Gwen...
Substance Over Caption: Illegal‑Exaction Suits Against the State and the Limits of Sovereign Immunity in Arkansas – Commentary on Arkansas Dep’t of Education v. Faulkenberry, 2025 Ark. 203

Substance Over Caption: Illegal‑Exaction Suits Against the State and the Limits of Sovereign Immunity in Arkansas – Commentary on Arkansas Dep’t of Education v. Faulkenberry, 2025 Ark. 203

Date: Dec 14, 2025
Substance Over Caption: Illegal‑Exaction Suits Against the State and the Limits of Sovereign Immunity in Arkansas I. Introduction In Arkansas Department of Education v. Faulkenberry, 2025 Ark. 203...
Premeditation and a Single Gunshot: Clarifying Capital Murder in Arkansas – Commentary on Lazarus Reaves v. State

Premeditation and a Single Gunshot: Clarifying Capital Murder in Arkansas – Commentary on Lazarus Reaves v. State

Date: Dec 14, 2025
Premeditation and a Single Gunshot: Clarifying Capital Murder in Arkansas – Commentary on Lazarus Reaves v. State, 2025 Ark. 202 I. Introduction In Lazarus Reaves v. State of Arkansas, 2025 Ark. 202,...
No Implied Municipal Power to Exclude Supplemental Waste Providers Under the Arkansas Solid Waste Management Act

No Implied Municipal Power to Exclude Supplemental Waste Providers Under the Arkansas Solid Waste Management Act

Date: Dec 10, 2025
No Implied Municipal Power to Exclude Supplemental Waste Providers Under the Arkansas Solid Waste Management Act I. Introduction In Steven Hedrick and X-Dumpsters v. City of Holiday Island, 2025 Ark....
Material Adversity Among Co‑Defendants: Arkansas Clarifies Rule 1.9 Conflicts in Pinnacle In Home Care, LLC v. 1 Source Senior Care, LLC

Material Adversity Among Co‑Defendants: Arkansas Clarifies Rule 1.9 Conflicts in Pinnacle In Home Care, LLC v. 1 Source Senior Care, LLC

Date: Dec 10, 2025
Material Adversity Among Co‑Defendants: Arkansas Clarifies Rule 1.9 Conflicts in Pinnacle In Home Care, LLC v. 1 Source Senior Care, LLC, 2025 Ark. 193 1. Introduction In Pinnacle In Home Care, LLC...
Rejecting the Workers’ Compensation “Going-and-Coming” Rule in Arkansas Respondeat Superior: Commentary on Skala v. Comfort Systems USA, Inc., 2025 Ark. 183

Rejecting the Workers’ Compensation “Going-and-Coming” Rule in Arkansas Respondeat Superior: Commentary on Skala v. Comfort Systems USA, Inc., 2025 Ark. 183

Date: Nov 21, 2025
Rejecting the Workers’ Compensation “Going-and-Coming” Rule in Arkansas Respondeat Superior: Commentary on Skala v. Comfort Systems USA, Inc., 2025 Ark. 183 I. Introduction In Skala v. Comfort...

        Reaffirming Nonhearsay Course-of-Conduct Statements and Strict Preservation of Cumulative Error:
        Commentary on Kevasia Tate v. State of Arkansas (2025 Ark. 186)

Reaffirming Nonhearsay Course-of-Conduct Statements and Strict Preservation of Cumulative Error: Commentary on Kevasia Tate v. State of Arkansas (2025 Ark. 186)

Date: Nov 21, 2025
Reaffirming Nonhearsay Course-of-Conduct Statements and Strict Preservation of Cumulative Error: Commentary on Kevasia Tate v. State of Arkansas, 2025 Ark. 186 I. Introduction The Arkansas Supreme...
File-Stamp Omissions on Criminal Informations Are Non‑Jurisdictional and Do Not Support Habeas Relief

File-Stamp Omissions on Criminal Informations Are Non‑Jurisdictional and Do Not Support Habeas Relief

Date: Nov 1, 2025
File-Stamp Omissions on Criminal Informations Are Non‑Jurisdictional and Do Not Support Habeas Relief Case: Edward Lee Carter v. Dexter Payne, Director, Arkansas Division of Correction, 2025 Ark. 168...
Article 5, § 1 Controls: Arkansas Supreme Court Invalidates County Initiative Filing Statutes and Bars “Carryover” Certification of Untimely Petitions

Article 5, § 1 Controls: Arkansas Supreme Court Invalidates County Initiative Filing Statutes and Bars “Carryover” Certification of Untimely Petitions

Date: Nov 1, 2025
Article 5, § 1 Controls: Arkansas Supreme Court Invalidates County Initiative Filing Statutes and Bars “Carryover” Certification of Untimely Petitions Introduction This commentary examines the...
Preservation Is Paramount: Arkansas Supreme Court Clarifies Rule 33.1 Applies to Sentence Enhancements and Specific Sufficiency Grounds

Preservation Is Paramount: Arkansas Supreme Court Clarifies Rule 33.1 Applies to Sentence Enhancements and Specific Sufficiency Grounds

Date: Oct 18, 2025
Preservation Is Paramount: Arkansas Supreme Court Clarifies Rule 33.1 Applies to Sentence Enhancements and Specific Sufficiency Grounds Introduction In Morgan Weatherford v. State of Arkansas, 2025...
No Ministerial Duty to Provide Free Transcripts: Arkansas Supreme Court Reaffirms “Compelling Need” and Limits Mandamus in Scott v. Sullivan, 2025 Ark. 152

No Ministerial Duty to Provide Free Transcripts: Arkansas Supreme Court Reaffirms “Compelling Need” and Limits Mandamus in Scott v. Sullivan, 2025 Ark. 152

Date: Oct 18, 2025
No Ministerial Duty to Provide Free Transcripts: Arkansas Supreme Court Reaffirms “Compelling Need” and Limits Mandamus in Scott v. Sullivan, 2025 Ark. 152 Introduction In Scott v. Sullivan, 2025...
Act III Evaluation Time and Joint Continuances Are Excludable for Speedy-Trial Calculations: Neal v. State (2025 Ark. 151) and the Boundaries of Ineffective Assistance in Arkansas

Act III Evaluation Time and Joint Continuances Are Excludable for Speedy-Trial Calculations: Neal v. State (2025 Ark. 151) and the Boundaries of Ineffective Assistance in Arkansas

Date: Oct 18, 2025
Act III Evaluation Time and Joint Continuances Are Excludable for Speedy-Trial Calculations: Neal v. State (2025 Ark. 151) and the Boundaries of Ineffective Assistance in Arkansas Introduction In...
Novel Constitutional Claims Will Not Be Resolved at the Preliminary‑Injunction Stage: Arkansas Supreme Court Reaffirms Status Quo and Deferential Review in Short‑Term Rental Zoning

Novel Constitutional Claims Will Not Be Resolved at the Preliminary‑Injunction Stage: Arkansas Supreme Court Reaffirms Status Quo and Deferential Review in Short‑Term Rental Zoning

Date: Oct 18, 2025
Novel Constitutional Claims Will Not Be Resolved at the Preliminary‑Injunction Stage: Arkansas Supreme Court Reaffirms Status Quo and Deferential Review in Short‑Term Rental Zoning Introduction In...
Unattested Crime Lab Autopsy Reports Are Inadmissible—But Error Can Be Harmless in Accomplice-Murder Cases: Fort v. State (2025 Ark. 148)

Unattested Crime Lab Autopsy Reports Are Inadmissible—But Error Can Be Harmless in Accomplice-Murder Cases: Fort v. State (2025 Ark. 148)

Date: Oct 16, 2025
Unattested Crime Lab Autopsy Reports Are Inadmissible—But Error Can Be Harmless in Accomplice-Murder Cases: Fort v. State (2025 Ark. 148) Court: Supreme Court of Arkansas Date: October 9, 2025...
Unattested State Crime Lab Autopsy Reports: Error, But Harmless Where Cause of Death Is Undisputed and Liability Is as an Accomplice — Commentary on Nathaniel Fort v. State of Arkansas, 2025 Ark. 148

Unattested State Crime Lab Autopsy Reports: Error, But Harmless Where Cause of Death Is Undisputed and Liability Is as an Accomplice — Commentary on Nathaniel Fort v. State of Arkansas, 2025 Ark. 148

Date: Oct 10, 2025
Unattested State Crime Lab Autopsy Reports: Error, But Harmless Where Cause of Death Is Undisputed and Liability Is as an Accomplice Introduction In Nathaniel Fort v. State of Arkansas, 2025 Ark....
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...
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