Arkansas Case Commentaries

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

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

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)

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

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

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

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

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

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

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

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

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)

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)

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

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

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

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

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

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

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...