Justia Constitutional Law Opinion Summaries

The Supreme Court affirmed the judgment of the circuit court holding that the Arkansas Racing Commission's (ARC) decision to award the Pope County casino license to Cherokee Nation Businesses, LLC (CNB) and Legends Resort and Casino, LLC (Legends) was a "legal nullity, void and of no effect," holding that the circuit court did not err.In this third iteration of appeals involving the issuance of the license Gulfside Casino Partnership (Gulfside) argued that the ARC's action was ultra vires because it was issued in violation of the clear language of amendment 100 to the Arkansas Constitution. The circuit court granted summary judgment for Gulfside, concluding that the casino license issued by the ARC jointly to CNB and Legends was an ultra vires action. The Supreme Court affirmed, holding that the circuit court did not err in its decision. View "Cherokee Nation Businesses, LLC v. Gulfside Casino Partnership" on Justia Law

The Supreme Court affirmed Defendant's conviction, rendered after a jury trial, of capital murder and his sentence of life imprisonment without parole, holding that Defendant was not entitled to relief on his allegations of error.Specifically, the Supreme Court held that the circuit court (1) did not err by denying Defendant's motions to suppress evidence from the traffic stop because law enforcement had reasonable suspicion that Defendant was a felon in possession of a firearm; (2) did not err in denying Defendant's motions to suppress evidence from his detention and arrest because the same facts that provided reasonable suspicion for the initial stop provided reasonable suspicion for his pat-down and arrest; and (3) did not err by permitting the State to introduce videos containing statements made by law enforcement officers. View "Bishop v. State" on Justia Law

The Supreme Court affirmed the judgment of the circuit court concluding that the Arkansas Racing Commission's (ARC) decision to award the Pope County casino license to Cherokee Nation Business, LLC (CNB) and Legends Resort and Casino, LLC (Legends) was a "legal nullity, void and of no effect," holding that there was no error.Gulfside Casino Partnership sought a declaratory judgment that the ARC's actions in awarding the license to CNB and Legends were unconstitutional, constituted and ultra vires act, and violated the Administrative Procedure Act. The circuit court granted summary judgment for Gulfside, ruling that the ARC acted ultra vires, in violation of amendment 100 to the Arkansas Constitution. The Supreme Court affirmed, holding that the ARC acted ultra vires in issuing the license to CNB. View "Cherokee Nation Businesses, LLC v. Gulfside Casino Partnership" on Justia Law

The Supreme Court affirmed the judgment of the circuit court convicting Defendant of two counts of rape, three counts of first-degree sexual assault, and two counts of sexual indecency with a child and sentencing him to two terms of life imprisonment, holding that Defendant was not entitled to relief on his allegations of error.On appeal, Defendant argued, among other things, that the circuit court abused its discretion by admitting testimony of a certain witness under the pedophile exception to Ark. R. Evid. 404(b). The Supreme Court affirmed, holding (1) Defendant's first argument was not preserved for appellate review; (2) Defendant's argument that the circuit court erred in denying his motion for a mistrial was not preserved; and (3) the circuit court did not err in excluding evidence of the victims' prior sexual conduct pursuant to the rape-shield statute set forth in Ark. Code Ann. 16-42-101(c). View "Wilder v. State" on Justia Law

The Supreme Court affirmed Defendant's conviction of capital murder and his sentence to life in prison, holding that substantial evidence supported the conviction.After a jury trial, Defendant was convicted of the murder of his ex-wife and sentenced to life imprisonment. As his sole point on appeal, Defendant argued that there was insufficient evidence supporting his conviction, and therefore, the trial court erred in denying his motion for a directed verdict. The Supreme Court disagreed and affirmed, holding that there was substantial evidence to support Defendant's capital murder conviction, and there was no error with respect to the jury's rejection of Defendant's affirmative defense argument. View "Wofford v. State" on Justia Law

The Supreme Court reversed the ruling of the circuit court finding that the emergency clause contained within Act 237 of 2023 (the LEARNS Act) did not receive a separate roll-call vote as required under the Arkansas Constitution, rendering the clause procedurally invalid, holding that Arkansas General Assembly complied with Ark. Const. V, 1 when it enacted the LEARNS Act emergency clause.After the General Assembly passed the LEARNS Act the legislation was sent the Governor, who signed it into law. Appellees brought the underlying complaint seeking a declaration that the Act's emergency clause, under which certain provisions became effective on the date of the Governor's approval, was invalid. Upon remand, the circuit court declared the LEARNS Act emergency clause invalid because it did not receive a separate roll-call vote. The Supreme Court reversed, holding that the emergency clause was passed in compliance with article 5, section 1. View "Ark. Dep't of Education v. Jackson" on Justia Law

The Supreme Court denied a petition for writ of certiorari and/or prohibition requesting relief from the Court after the circuit court denied Petitioner's motions to dismiss the charges against him, holding that an extraordinary writ was not necessary in this case.Petitioner, who was charged with aggravated robbery and other charges, moved to dismiss the charges for a violation of his right to a speedy trial pursuant to Ark. R. Crim. P. 28.1, asserting that he was not brought to trial within twelve months from the date of his arrest. Petitioner also filed a motion to dismiss for lack of jurisdiction, alleging that the juvenile division retained exclusive jurisdiction. The circuit court denied both motions. The Supreme Court denied Petitioner's ensuing petition for writ of certiorari and/or prohibition, holding that the circuit court did not err in denying Petitioner's motions to dismiss for lack of jurisdiction and for violation of his speedy-trial rights. View "Tilson v. State" on Justia Law

The Supreme Court reversed the order of the circuit court granting a temporary restraining order (TRO) in favor of Plaintiffs in their lawsuit challenging the validity of the emergency clause in Act 237 of 2023 (the LEARNS Act), holding that the circuit court erred in granting Plaintiffs' motion for injunctive relief.After the LEARNS Act was signed into law Plaintiffs sought a TRO, asserting that they would suffer irreparable harm if Defendants continued to implement the Act despite an invalid emergency clause relating to the creation of transformation contracts. The circuit court granted the TRO until a scheduled hearing. The Supreme Court reversed and vacated the TRO, holding that Plaintiffs failed to meet their burden of providing irreparable harm. View "Ark. Dep't of Education v. Jackson" on Justia Law

The Supreme Court affirmed Defendant's conviction of capital murder and sentence of life imprisonment without parole, holding that Defendant was not entitled to relief on his allegations of error.On appeal, Defendant argued, among other things, that the trial court's failure to instruct the jury with the model verdict form on dispute accomplice status was reversible error under the third and fourth exceptions enumerated in Wicks v. State, 606 S.W.2d 366 (Ark. 1980). The Supreme Court affirmed, holding (1) the trial court did not err in denying Defendant's motion to suppress evidence obtained during a search of his property; and (2) neither Wicks exception to the objection requirement applied under the circumstances of this case. View "Nowell v. State" on Justia Law

In this case presenting four questions of law concerning the constitutionality of Act 1108 of 2021, which amended section 18-50-116 of the Arkansas Statutory Foreclosure Act, the Supreme Court held that Act 1108 cannot apply retroactively to a mortgagor whose claim has vested and declined to answer the remaining certified questions.At issue before the Supreme Court was whether Act 1108 was unconstitutional (1) because it applies retroactively; (2) because the term “substantially comply” in section 2(d)(2)(D) is void for vagueness; (3) because it deletes Section 2(d)(2)(C)(ii); or (4) for any other reason the Court may find. The Supreme Court held that Act 1108 cannot apply retroactively to mortgagors with pending claims and declined answer the remainder of the certified question because the answer would not be dispositive of any issue between the parties. View "Alpe v. Federal Nat'l Mortgage Ass'n" on Justia Law