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Arkansas Case Commentaries

Statewide Citizen Standing and Mandatory Fee-Shifting to Enforce Public-Trust Disqualifications for Constitutional Office

Statewide Citizen Standing and Mandatory Fee-Shifting to Enforce Public-Trust Disqualifications for Constitutional Office

Date: Feb 15, 2026
Statewide Citizen Standing and Mandatory Fee-Shifting to Enforce Public-Trust Disqualifications for Constitutional Office Introduction In Casey Reed v. Ken Yang; Grant County Board of Election...
Rule 37.1 Limits Reaffirmed: Conclusory “Missing Evidence” Theories, Noncognizable Brady Issues Known at Trial, and Prosecutorial-Misconduct Claims

Rule 37.1 Limits Reaffirmed: Conclusory “Missing Evidence” Theories, Noncognizable Brady Issues Known at Trial, and Prosecutorial-Misconduct Claims

Date: Feb 15, 2026
Rule 37.1 Limits Reaffirmed: Conclusory “Missing Evidence” Theories, Noncognizable Brady Issues Known at Trial, and Prosecutorial-Misconduct Claims I. Introduction In Chris Allen Oliger v. State of...
Clarifying Doby: Lesser-Included Instructions Turn on “Rational Basis,” Not a Total-Innocence Bar

Clarifying Doby: Lesser-Included Instructions Turn on “Rational Basis,” Not a Total-Innocence Bar

Date: Feb 15, 2026
Clarifying Doby: Lesser-Included Instructions Turn on “Rational Basis,” Not a Total-Innocence Bar I. Introduction In Tyler Edward Tait v. State of Arkansas, 2026 Ark. 28, the Arkansas Supreme Court...
New DNA Technology (Including M-VAC) Does Not Alone Overcome Act 1780’s Timeliness Presumption or the Successive-Petition Limits

New DNA Technology (Including M-VAC) Does Not Alone Overcome Act 1780’s Timeliness Presumption or the Successive-Petition Limits

Date: Feb 15, 2026
New DNA Technology (Including M-VAC) Does Not Alone Overcome Act 1780’s Timeliness Presumption or the Successive-Petition Limits I. Introduction In Vincent Hussey v. State of Arkansas, 2026 Ark. 26,...
“Guilty–Bond Forfeiture” Is Not a Disqualifying Conviction Under Ark. Const. art. 5, § 9 and Ark. Code Ann. § 21-8-305

“Guilty–Bond Forfeiture” Is Not a Disqualifying Conviction Under Ark. Const. art. 5, § 9 and Ark. Code Ann. § 21-8-305

Date: Feb 13, 2026
“Guilty–Bond Forfeiture” Is Not a Disqualifying Conviction Under Ark. Const. art. 5, § 9 and Ark. Code Ann. § 21-8-305 Introduction In John Kyle Day v. Laura “Missy” Michelle Wardlaw; Bradley County...
Merrell v. State: Clear-Error Appellate Review for Imposition of Adult Sentences on EJJ Offenders

Merrell v. State: Clear-Error Appellate Review for Imposition of Adult Sentences on EJJ Offenders

Date: Feb 7, 2026
Merrell v. State: Clear-Error Appellate Review for Imposition of Adult Sentences on EJJ Offenders 1. Introduction In Ayden Merrell v. State of Arkansas, 2026 Ark. 15, the Arkansas Supreme Court...
Invited-Error Bars “Jail Call” Appellate Relief; Closing-Argument Use of Prior Flights as Intent Evidence; Harmless Error for Non-Driver 404(b) Act

Invited-Error Bars “Jail Call” Appellate Relief; Closing-Argument Use of Prior Flights as Intent Evidence; Harmless Error for Non-Driver 404(b) Act

Date: Feb 7, 2026
Invited-Error Bars “Jail Call” Appellate Relief; Closing-Argument Use of Prior Flights as Intent Evidence; Harmless Error for Non-Driver 404(b) Act Case: Shawna Cash v. State of Arkansas Citation:...
Final Adoption of Administrative Order No. 16: Clerk-Managed Random Recusal Reassignment, Centralized Special-Judge Requests, and Repeal of Special-Judge Election Procedures

Final Adoption of Administrative Order No. 16: Clerk-Managed Random Recusal Reassignment, Centralized Special-Judge Requests, and Repeal of Special-Judge Election Procedures

Date: Jan 31, 2026
Final Adoption of Administrative Order No. 16: Clerk-Managed Random Recusal Reassignment, Centralized Special-Judge Requests, and Repeal of Special-Judge Election Procedures Case: In Re Amendment to...
Apparent-Authority “Guardian” Status, Flexible Text-Message Authentication, and Broad Pedophile-Exception Admissibility in Child-Rape Trials

Apparent-Authority “Guardian” Status, Flexible Text-Message Authentication, and Broad Pedophile-Exception Admissibility in Child-Rape Trials

Date: Jan 31, 2026
Apparent-Authority “Guardian” Status, Flexible Text-Message Authentication, and Broad Pedophile-Exception Admissibility in Child-Rape Trials Introduction In Joseph Faulkner v. State of Arkansas, 2026...
Arkansas’s Proposed Federal-Style Discovery Reforms: Proportionality, Specific Objections, and Discovery-Certification Sanctions (with Rule 11 Preserved for Discovery Motions)

Arkansas’s Proposed Federal-Style Discovery Reforms: Proportionality, Specific Objections, and Discovery-Certification Sanctions (with Rule 11 Preserved for Discovery Motions)

Date: Jan 31, 2026
Arkansas’s Proposed Federal-Style Discovery Reforms: Proportionality, Specific Objections, and Discovery-Certification Sanctions (with Rule 11 Preserved for Discovery Motions) 1. Introduction In In...
ACIC “Reported Stolen” Testimony Alone Is Insufficient to Prove “Stolen Property” for Theft-by-Receiving (and the Business-Records Exception Requires an Actual Record)

ACIC “Reported Stolen” Testimony Alone Is Insufficient to Prove “Stolen Property” for Theft-by-Receiving (and the Business-Records Exception Requires an Actual Record)

Date: Jan 31, 2026
ACIC “Reported Stolen” Testimony Alone Is Insufficient to Prove “Stolen Property” for Theft-by-Receiving (and the Business-Records Exception Requires an Actual Record) Case: Kent Parris v. State of...
Preservation Required for Constitutional Attacks on Arkansas’s Juvenile-Transfer Statute; Transfer Allocation Is Not “Subject-Matter Jurisdiction”

Preservation Required for Constitutional Attacks on Arkansas’s Juvenile-Transfer Statute; Transfer Allocation Is Not “Subject-Matter Jurisdiction”

Date: Jan 24, 2026
Preservation Required for Constitutional Attacks on Arkansas’s Juvenile-Transfer Statute; Transfer Allocation Is Not “Subject-Matter Jurisdiction” I. Introduction In Jonathan Rolfe v. State of...
No Appellate Jurisdiction Without Finality: Mixed § 14-56-425 Zoning Appeals and Civil Claims Require Full Disposition or Rule 54(b) Certification

No Appellate Jurisdiction Without Finality: Mixed § 14-56-425 Zoning Appeals and Civil Claims Require Full Disposition or Rule 54(b) Certification

Date: Jan 16, 2026
No Appellate Jurisdiction Without Finality: Mixed § 14-56-425 Zoning Appeals and Civil Claims Require Full Disposition or Rule 54(b) Certification Introduction In Eureka Gun and Pawn, LLC; And...
Clarifying Sufficiency Review and Immediate Post‑Invocation Interrogation in Arkansas: Commentary on Reggie Matthews v. State

Clarifying Sufficiency Review and Immediate Post‑Invocation Interrogation in Arkansas: Commentary on Reggie Matthews v. State

Date: Dec 14, 2025
Clarifying Sufficiency Review and Immediate Post‑Invocation Interrogation in Arkansas: Commentary on Reggie Matthews v. State, 2025 Ark. 213 I. Introduction The Supreme Court of Arkansas’s decision...
Rehabilitative Use of Child Forensic Interviews and the Limits of Arkansas’s Tender-Years Hearsay Exception: Commentary on Minor Child v. State of Arkansas, 2025 Ark. 210

Rehabilitative Use of Child Forensic Interviews and the Limits of Arkansas’s Tender-Years Hearsay Exception: Commentary on Minor Child v. State of Arkansas, 2025 Ark. 210

Date: Dec 14, 2025
Rehabilitative Use of Child Forensic Interviews and the Limits of Arkansas’s Tender-Years Hearsay Exception: Commentary on Minor Child v. State of Arkansas, 2025 Ark. 210 I. Introduction The Arkansas...
Legislative Power over Voter‑Initiated Constitutional Amendments in Arkansas: Overruling Edgmon and Recasting Amendment 98’s Germaneness Clause

Legislative Power over Voter‑Initiated Constitutional Amendments in Arkansas: Overruling Edgmon and Recasting Amendment 98’s Germaneness Clause

Date: Dec 14, 2025
Legislative Power over Voter‑Initiated Constitutional Amendments in Arkansas: Overruling Edgmon and Recasting Amendment 98’s Germaneness Clause I. Introduction The Arkansas Supreme Court’s decision...
Program Beneficiaries’ Right to Intervene: Arkansas Supreme Court Expands Rule 24(a)(2) in Challenges to the LEARNS Act

Program Beneficiaries’ Right to Intervene: Arkansas Supreme Court Expands Rule 24(a)(2) in Challenges to the LEARNS Act

Date: Dec 14, 2025
Program Beneficiaries’ Right to Intervene: Arkansas Supreme Court Expands Rule 24(a)(2) in Challenges to the LEARNS Act Introduction In Erika Lara, Katie Parrish, and Nikita Glendenning v. Gwen...
Substance Over Caption: Illegal‑Exaction Suits Against the State and the Limits of Sovereign Immunity in Arkansas – Commentary on Arkansas Dep’t of Education v. Faulkenberry, 2025 Ark. 203

Substance Over Caption: Illegal‑Exaction Suits Against the State and the Limits of Sovereign Immunity in Arkansas – Commentary on Arkansas Dep’t of Education v. Faulkenberry, 2025 Ark. 203

Date: Dec 14, 2025
Substance Over Caption: Illegal‑Exaction Suits Against the State and the Limits of Sovereign Immunity in Arkansas I. Introduction In Arkansas Department of Education v. Faulkenberry, 2025 Ark. 203...
Premeditation and a Single Gunshot: Clarifying Capital Murder in Arkansas – Commentary on Lazarus Reaves v. State

Premeditation and a Single Gunshot: Clarifying Capital Murder in Arkansas – Commentary on Lazarus Reaves v. State

Date: Dec 14, 2025
Premeditation and a Single Gunshot: Clarifying Capital Murder in Arkansas – Commentary on Lazarus Reaves v. State, 2025 Ark. 202 I. Introduction In Lazarus Reaves v. State of Arkansas, 2025 Ark. 202,...
No Implied Municipal Power to Exclude Supplemental Waste Providers Under the Arkansas Solid Waste Management Act

No Implied Municipal Power to Exclude Supplemental Waste Providers Under the Arkansas Solid Waste Management Act

Date: Dec 10, 2025
No Implied Municipal Power to Exclude Supplemental Waste Providers Under the Arkansas Solid Waste Management Act I. Introduction In Steven Hedrick and X-Dumpsters v. City of Holiday Island, 2025 Ark....
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