Arkansas Case Commentaries

Reasonable Notice in Tax Sales, USPS Tracking, and Sovereign Immunity: Commentary on Land v. BAS, 2025 Ark. 107

Date: Jun 6, 2025

“Reasonably Calculated” Notice and USPS Tracking in Tax Sales: Land v. BAS, 2025 Ark. 107, and the Limits of the Unconstitutional‑Act Exception to Sovereign Immunity I. Introduction The Arkansas...

Strickland Prejudice, “Federalized” Claims, and Trial Strategy in Arkansas Rule 37 Practice: Commentary on Clarence Turnbo v. State of Arkansas, 2025 Ark. 106

Date: Jun 6, 2025

Strickland Prejudice, “Federalized” Claims, and Trial Strategy in Arkansas Rule 37 Practice: Commentary on Clarence Turnbo v. State of Arkansas, 2025 Ark. 106 I. Introduction The Arkansas Supreme...

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

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

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

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...

Reaffirming Circumstantial Evidence Sufficiency and Strickland Review in Child Sexual Abuse Post-Conviction Cases

Date: May 30, 2025

Reaffirming Circumstantial Evidence Sufficiency and Strickland Review in Child Sexual Abuse Post-Conviction Cases Introduction Terry Eugene Break v. State of Arkansas, 2025 Ark. 95, is a...

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....

Arkansas Test for Judicial Gag Orders: Clarifying Prior Restraint Standards

Date: May 30, 2025

Arkansas Test for Judicial Gag Orders: Clarifying Prior Restraint Standards 1. Introduction This commentary examines the Supreme Court of Arkansas’s decision in Aaron Spencer v. State of Arkansas...

Clarification of Interim Suspension Due Process and Disbarment Sanction Protocols in Attorney Discipline

Date: May 30, 2025

Clarification of Interim Suspension Due Process and Disbarment Sanction Protocols in Attorney Discipline Introduction This commentary examines the landmark decision in Robert Brech, as Executive...

Jurisdictional Limits on State Interlocutory Appeals Under Ark. R. App. P.-Crim. 3(a)

Date: May 30, 2025

Jurisdictional Limits on State Interlocutory Appeals Under Ark. R. App. P.-Crim. 3(a) Introduction The case of State of Arkansas v. Ronald Russell (2025 Ark. 89) arises from a pretrial order in a...

State’s Burden to Disprove Justification and the Definition of Premeditation in Capital Murder – Deric Smith v. Arkansas

Date: May 23, 2025

State’s Burden to Disprove Justification and the Definition of Premeditation in Capital Murder Introduction Deric Smith v. State of Arkansas, 2025 Ark. 83, is a Supreme Court of Arkansas decision...

Certification Prerequisite for Attorney General Representation Under Ark. Code § 25-16-702

Date: May 23, 2025

Certification Prerequisite for Attorney General Representation Under Ark. Code § 25-16-702 Introduction In Tim Griffin, in His Official Capacity as Attorney General of Arkansas v. Arkansas Board of...

Unenforced or Repealed Ordinance Cannot Support Arkansas Civil Rights Act Liability

Date: May 16, 2025

Unenforced or Repealed Ordinance Cannot Support Arkansas Civil Rights Act Liability Introduction In Boyle Ventures, LLC v. City of Fayetteville (2025 Ark. 71), the Supreme Court of Arkansas addressed...

Defining “Substantially Different Harms”: Affirmation of the Double Jeopardy Exception Under Ark. Code Ann. § 5-1-114

Date: May 9, 2025

Defining “Substantially Different Harms”: Affirmation of the Double Jeopardy Exception Under Ark. Code Ann. § 5-1-114 Introduction This case commentary examines the Supreme Court of Arkansas’s...

Express Statutory Designation Mandate for Parole Ineligibility Under Act 683

Date: May 9, 2025

Express Statutory Designation Mandate for Parole Ineligibility Under Act 683 Introduction This commentary examines the Arkansas Supreme Court’s decision in Arkansas Post-Prison Transfer Board, et al....

Parker v. State: Eyewitness Identification Standards and the Skip Rule for Lesser-Included Offenses

Date: May 2, 2025

Parker v. State: Eyewitness Identification Standards and the Skip Rule for Lesser-Included Offenses Introduction In Keundre Parker v. State of Arkansas (2025 Ark. 55), the Supreme Court of Arkansas...

Permissibility of Specialized Lay Opinion under Arkansas Rule of Evidence 701

Date: May 2, 2025

Permissibility of Specialized Lay Opinion under Arkansas Rule of Evidence 701 Introduction Devon Romick v. State of Arkansas, 2025 Ark. 57, is a landmark decision by the Supreme Court of Arkansas...

Automatic Suspension and Deemed Surrender: Enforcement of Annual Attorney-License Fees under Rule VII(C)

Date: May 2, 2025

Automatic Suspension and Deemed Surrender: Enforcement of Annual Attorney-License Fees under Rule VII(C) Introduction The Supreme Court of Arkansas issued a per curiam order on May 1, 2025, in In Re...

Haynie v. Arkansas: Specificity in Directed-Verdict Motions and Photographic Motive Evidence

Date: Apr 25, 2025

Haynie v. State of Arkansas (2025 Ark. 46): Specificity in Directed-Verdict Motions and Photographic Motive Evidence Introduction The Supreme Court of Arkansas’s decision in Elizabeth Haynie v. State...