Category Archives: Appellate Update

Thumbs Up to Sleeping at the Wheel

Posted ago by shaunhair

FROM NEW MEXICO SUPREME COURT: An intoxicated motorist passed out in a vehicle can’t be convicted of drunken driving without evidence the person intended to drive, the state Supreme Court ruled Tuesday. The court, in an unanimous decision, overturned the …

For Arkansas Attorneys: New Appeal Rules

Posted ago by shaunhair

The Arkansas Supreme Court released new rules for Appellate Briefs.  Make sure you comply.  Among the changes, the rules allow for an increase in pages allowed (30) and font size is now 14. Read the new rules in their entirety …

REVERSED AND DISMISSED! I won an appeal for my client today.

Posted ago by shaunhair

The appeal was based on the trial court’s failure to exclude an alleged accomplice’s testimony from consideration when making its ruling.  Ark. Code. Ann. 16-89-111(e)(1)(a) states that before a conviction can be had on the testimony of an accomplice, there …

Supreme Court weighs Arkansas lethal injection rules

Posted ago by shaunhair

By: Associated Press – Texarkana Gazette – Published: 10/09/2009 LITTLE ROCK—The Arkansas Supreme Court listened Thursday as lawyers argued whether a new law fulfills its aim by clarifying the state’s lethal injection procedures or puts death-row inmates at greater risk …

Arkansas Supreme Court reinstates felony conviction of former prosecutor

Posted ago by shaunhair

By John Lyon Arkansas News Bureau LITTLE ROCK — The state Supreme Court today reinstated the felony manslaughter convictions of a former prosecutor who killed an elderly couple in a head-on car crash in Perry County. The state’s highest court …

October 2007 Appellate Update now online

Posted ago by shaunhair

Get it here.

Arkansas Appellate Update — September

Posted ago by shaunhair

The Arkansas Appellate Update for September is available here. OF NOTE: Seely v. State [Confrontation Clause; hearsay testimony] The trial court erred when it permitted a social worker to testify about out-of-court “testimonial” statements made by a child victim to …