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...committed in the presence of a child, applies to the offense of manslaughter, Arkansas Code Annotated section 5-10-104 (Supp. 2011). Appellant, Richard Eli Hart, was charged with first-degree murder...proper pursuant to Arkansas Supreme Court Rule 1-2(d)(2) (2013). Hart does not challenge the sentences imposed for the manslaughter conviction or the firearm enhancement under section 16-90-120(a). His...
Ark.
SUPREME COURT OF ARKANSAS
No. CR-13-579
05-29-2014
RICHARD...
...Lobaton-Andrade pleaded guilty to illegal reentry after deportation and was sentenced to 46 months of imprisonment. Lobaton-Andrade appeals his sentence, asserting that a 2007 Arkansas manslaughter conviction..., pursuant to a plea agreement, to manslaughter in Arkansas. At the time of Lobaton-Andrade's commission of that offense, Arkansas's manslaughter statute, Arkansas Code § 5-10-104, provided, in pertinent...) ~ MANSLAUGHTER. Class C Felony
The Defendant on or about, July 18, 2004 in Benton County, Arkansas, he cause[d] the death of another person under circumstances that would be murder, except that he...
...the crime of murder in the first degree. The jury returned a verdict finding appellant guilty of the lesser included offense of manslaughter. Arkansas Code...
Deryl BARGERY v. STATE of Arkansas
No. CA CR 91-103
Court of Appeals of Arkansas Division II...— MANSLAUGHTER — SUFFICIENT EVIDENCE. — Where appellant admitted that he had the knife and inflicted the fatal wound, and the jury was not required to believe his defense of justification, the jury's...
...
Appellant James Williams was convicted of "reckless conduct" manslaughter and sentenced to ten years in the Arkansas Department of Correction. On appeal, Williams does not challenge the sufficiency of..." manslaughter before the jury. We affirm.
Arkansas allows a conviction of manslaughter as a result of extreme emotional disturbance. Under Arkansas Code Annotated section 5-10-104(a)(1..., pursuant to Arkansas Code Annotated section 5-10-104(a)(1), and reckless-conduct manslaughter, pursuant to Arkansas Code Annotated section 5-10-104(a)(3...
..., there was ample evidence to support a conviction of involuntary manslaughter under Arkansas Statutes, 41-2209...
ROLLER v. STATE
No. 4820
Supreme Court of Arkansas
Opinion delivered October 10, 1955....
AUTOMOBILES — MANSLAUGHTER, SUFFICIENCY OF EVIDENCE. — Appellant while driving in a drunken condition, and without making an attempt to stop even though a civi...
.... BACKGROUND
A jury convicted Walker of manslaughter, first degree battery, and leaving the scene of an accident. The Arkansas Circuit Court of Benton County...
Mark Douglas WALKER, Appellant, v. Larry NORRIS, Director, Arkansas Department of Correction, Appellee.
No. 05-1294....
Appeal from the United States District Court for the Eastern District of Arkansas, J. Leon Holmes, Chief Judge...
...of the Arkansas manslaughter law, which contained the same definition of manslaughter that was set forth in jury instructions proffered by appellant, and prior to 1975, none of the then-existing...effect of putting the offense of manslaughter squarely at issue. A long line of Arkansas cases so state:
The plea of self-defense raised the issue of...
MAKYBE SHINDA HARSHAW, APPELLANT v. STATE OF ARKANSAS, APPELLEE
CR 00-1130
Supreme Court of Arkansas...
...
reckless manslaughter pursuant to Arkansas Code Annotated section 5–10–104(a)(3) (Repl.2013), which states that a person...
Ark.
Supreme Court of Arkansas.
No. CR–14–972
01-28-2016
Serandon...Starling, Appellant v. State of Arkansas, Appellee.
Phillip A. McGough, P.A., North Little Rock, by: Phillip A. McGough, for appellant. Leslie Rutledge...
...Arkansas Code Annotated § 5-10-104(a)(1)(A), which provides that a person commits manslaughter if "the person causes the death of another person under...-Disturbance Manslaughter.
Under Arkansas Code Annotated section 5-10-104(a)(1)(A), a person commits manslaughter if "the person...
No. CR-18-816
09-19-2019
DERRICK A. DIXON APPELLANT v. STATE OF ARKANSAS APPELLEE...
.... He was sentenced to a term of eight years imprisonment in the Arkansas Department of Correction. He appealed the manslaughter conviction. The Court of Appeals affirmed. Tackett v. State...
Thomas Jeffrey TACKETT v. STATE of Arkansas
No. CR 84-179
Supreme Court of Arkansas
Opinion...delivered December 10, 1984
Pro Se Petition to Proceed in Circuit Court of Jefferson County Pursuant to Arkansas Criminal Procedure Rule 37; denied...
...will be classed as voluntary manslaughter rather than murder. "It is not always necessary to show that the killing was done in the heat of passion, to reduce the crime to manslaughter;" said the Arkansas...manslaughter is the presence or absence of malice. State v. Ward, 284 Md. 189, 195, 396 A.2d...manslaughter. A successful self defense, therefore, results in the acquittal of the defendant. We have summarized the elements necessary to justify a homicide, other than felony murder, on the basis of...
...) (2015). Johnson raises the following points on appeal: (1) the circuit court erred in denying a jury instruction on the extreme-emotional-disturbance formulation of manslaughter pursuant to Arkansas...extreme-emotional-disturbance formulation of manslaughter pursuant to Arkansas Code Annotated section 5–10–104(a)(1), which states in pertinent part:
(a) A person...
Ark.
Supreme Court of Arkansas.
No. CR–15–68
04-14-2016
Latavious...
...instructions on lesser-included offenses. Appellant's counsel proffered the following instruction on reckless manslaughter, which is based on Arkansas Code Annotated sections 5–10–104(a) (Supp.2007) and 5...instructions on reckless manslaughter and negligent homicide. The evidence at trial showed that appellant traveled approximately fifteen hours from Colorado to Arkansas, rested for awhile, and then...manslaughter or negligent homicide.
In addition to the arguments raised by appellant, we have reviewed the record pursuant to Arkansas Supreme Court Rule 4–3(i) (2011), and we have...
...manslaughter. The Arkansas Rules of Appellate Procedure — Criminal allow the State to appeal where the attorney general finds "that error has been committed to the prejudice of the state, and that the...
Demontierre Breon PERRY v. STATE of Arkansas.
No. CR 07-107.
Supreme Court of Arkansas.
Opinion...to read for him at the sentencing hearing, was classic hearsay and fell well within the definition set in the Arkansas Rules of Evidence: "`Hearsay' is a statement, other than one made by the...
...involuntary manslaughter in the operation of an automobile. Under the statutes of Arkansas involuntary manslaughter takes place "if the killing be in the commission of an unlawful act, without malice....
ON APPEAL.
This is an indictment for manslaughter before the Law Court upon appeal from the denial of a motion for new trial. Appeal sustained. New trial...
SITTING: WILLIAMSON, C.J., WEBBER, TAPLEY, SULLIVAN, DUBORD, SIDDALL, JJ.
Manslaughter. Crimina...
...crime to manslaughter;' said the Arkansas court, `for, where the killing was done because the slayer believes that he is in great danger, but the facts do not warrant such a belief, it may be murder or...;
2. That the trial judge erroneously instructed the jury on the crime of manslaughter;
3. That the trial judge erroneously declined to...recognition of this mitigating element in homicide law, a mitigation that when present will reduce murder to manslaughter, was well summarized for this Court by Judge Orth (sitting on special assignment...
...one count of manslaughter and is incarcerated in the Arkansas Department of Correction (ADC) pursuant to a sentencing order entered by the Mississippi County Circuit Court on March 5, 2013. The order...
Ark.
SUPREME COURT OF ARKANSAS
No. CV-16-316
12-15-2016
CODY WARD...APPELLANT v. WENDY KELLEY, DIRECTOR ARKANSAS DEPARTMENT OF CORRECTION APPELLEE
Cody Ward, pro se appellant. Leslie Rutledge, Att'y Gen., by: Kristen C...
....
Appellant Cody Ward pleaded guilty to one count of manslaughter and is incarcerated in the Arkansas Department of Correction (ADC) pursuant to a sentencing order entered by the Mississippi County Circuit...
No. CV–16–316
12-15-2016
Cody WARD, Appellant v. Wendy KELLEY, Director Arkansas Department of Correction, Appellee...Administrative Procedure Act–Arkansas Code Annotated sections 25–15–212 to –219 (Repl. 2014). After a thorough review, the State concedes that the 2014 amended sentencing order appears illegal on its...
...offenses so that juries may be instructed properly when considering extreme-emotional-disturbance manslaughter.
As required under Arkansas Supreme Court Rule 4–3(i), the record...
Ark.
Supreme Court of Arkansas.
No. CR 12–638.
2013-05-16
Sean...FINCHAM, Appellant v. STATE of Arkansas, Appellee.
Dan Hancock, Public Defender, by: Clint Miller, Deputy Public Defender, for appellant. Dustin McDaniel...
...Office Western District of Arkansas, Fort Smith, AR, for Plaintiff–Appellee. John B. Schisler, Assistant Federal Public Defender, Anna Marie Williams, Assistant Federal Public Defender, Federal Public...District of Arkansas, Fort Smith, AR, for Plaintiff–Appellee.
John B. Schisler, Assistant Federal Public Defender, Anna Marie Williams, Assistant Federal Public Defender, Federal Public...prior conviction for Oklahoma voluntary manslaughter, see Okla. Stat. tit. 21, § 711(2), as a crime of violence. Using the United...