Arkansas Case Commentaries

Selective Sovereign Immunity Cannot Bar Federal Due-Process Claims; Illegal-Exaction Suits Proceed Despite Article 5, Section 20

Date: Apr 24, 2026

Selective Sovereign Immunity Cannot Bar Federal Due-Process Claims; Illegal-Exaction Suits Proceed Despite Article 5, Section 20 I. Introduction In GARLAND COUNTY DISTRICT COURT; PROFESSIONAL...

Thornton v. State (2026 Ark. 71): Rule 33.1 Requires Element-Specific Deficiency Arguments—Not Element-Recitation—to Preserve Sufficiency Review in Bench Trials

Date: Apr 24, 2026

Rule 33.1 Requires Element-Specific Deficiency Arguments—Not Element-Recitation—to Preserve Sufficiency Review in Bench Trials (and Class-Y “Certification” Issues Are Not Structural Error Absent...

Postconviction Challenges Cannot Be Recast as Civil Declaratory/Mandamus Actions; No Service, No Default, No Appealable Order

Date: Apr 24, 2026

Postconviction Challenges Cannot Be Recast as Civil Declaratory/Mandamus Actions; No Service, No Default, No Appealable Order I. Introduction In RODNEY BUNCH v. STATE OF ARKANSAS; WILLIAM MARTIN...

Speculative Threats of Prosecution Do Not Create Standing or a Justiciable Controversy for Declaratory Relief Challenging a Criminal Statute (Ark. Sup. Ct. 2026 Ark. 74)

Date: Apr 24, 2026

Speculative Threats of Prosecution Do Not Create Standing or a Justiciable Controversy for Declaratory Relief Challenging a Criminal Statute Introduction In Duane Gonder v. Tim Griffin, Arkansas...

Under Pre-2026 Arkansas UDITPA, One-Time Sale of an Entire Business (Including Intangibles) Is Nonbusiness Income Unless Regular Disposition Is Integral to Operations

Date: Apr 21, 2026

Under Pre-2026 Arkansas UDITPA, One-Time Sale of an Entire Business (Including Intangibles) Is Nonbusiness Income Unless Regular Disposition Is Integral to Operations I. Introduction Jim Hudson, in...

Automatic Suspension and Deemed Surrender for Nonpayment of Arkansas Annual Attorney-License Fees Under Rule VII

Date: Apr 20, 2026

Automatic Suspension and Deemed Surrender for Nonpayment of Arkansas Annual Attorney-License Fees Under Rule VII 1. Introduction In In Re Suspension of Attorneys Who Failed to Pay 2026 Annual...

Amendment 80 Authorizes Statutory Interlocutory Appeals: The State May Appeal Juvenile-Transfer Orders (Overruling State v. A.G.)

Date: Apr 20, 2026

Amendment 80 Authorizes Statutory Interlocutory Appeals: The State May Appeal Juvenile-Transfer Orders (Overruling State v. A.G.) 1. Introduction In State of Arkansas v. Minor Child, 2026 Ark. 66,...

General Verdict Unanimity Not Required as to Alternative Capital-Murder Theories or “Cruel or Depraved” Subdefinitions in Arkansas Postconviction Review

Date: Apr 20, 2026

General Verdict Unanimity Not Required as to Alternative Capital-Murder Theories or “Cruel or Depraved” Subdefinitions in Arkansas Postconviction Review I. Introduction In Zachary Holly v. State of...

State Agencies Are Not “Persons” for § 1983, § 1981, or ACRA Claims; Title VII Claims May Proceed Against the Agency

Date: Apr 16, 2026

State Agencies Are Not “Persons” for § 1983, § 1981, or ACRA Claims; Title VII Claims May Proceed Against the Agency Arkansas Highway Police, a Division of the Arkansas State Highway and...

Curative Clarifications for Inadvertent Jail References and Deference to Demeanor-Based Batson Rulings in Arkansas

Date: Apr 10, 2026

Curative Clarifications for Inadvertent Jail References and Deference to Demeanor-Based Batson Rulings in Arkansas I. Introduction In Elijah Singleton v. State of Arkansas, 2026 Ark. 61, the Arkansas...

Conditional-Use Permit Denials by County Quorum Courts Are Quasi-Judicial and Require De Novo Circuit-Court Review

Date: Mar 21, 2026

Conditional-Use Permit Denials by County Quorum Courts Are Quasi-Judicial and Require De Novo Circuit-Court Review I. Introduction In MMSC, LLC, F/K/A MMSW, LLC v. WASHINGTON COUNTY, ARKANSAS; QUORUM...

Substantial Compliance with Rule 3(e)(vi) and Equitable Estoppel Bars a Mortgagee from Reasserting Lien Priority After Its Agent Promised Release

Date: Mar 21, 2026

Substantial Compliance with Rule 3(e)(vi) and Equitable Estoppel Bars a Mortgagee from Reasserting Lien Priority After Its Agent Promised Release Case: Relyance Bank, N.A. v. Steve Pharr and Simmons...

§ 504 Employment-Retaliation Requires an Employer–Employee Relationship; Contractor Retaliation Claims Require Public-Concern Speech; Official-Capacity Liability Requires Monell Policy/Custom

Date: Mar 14, 2026

§ 504 Employment-Retaliation Requires an Employer–Employee Relationship; Contractor Retaliation Claims Require Public-Concern Speech; Official-Capacity Liability Requires Monell Policy/Custom I....

Denial of Pro Hac Vice Admission Is an Immediately Appealable Disqualification Order; Listing Nonresident Counsel on a Pleading Is Not a Standalone Basis for Denial

Date: Mar 14, 2026

Denial of Pro Hac Vice Admission Is an Immediately Appealable Disqualification Order; Listing Nonresident Counsel on a Pleading Is Not a Standalone Basis for Denial 1. Introduction In Red Roof Inns,...

Objective Reasonableness Controls Arrests Under Article 2, Section 15: Arkansas Overrules State v. Sullivan’s Pretext-Arrest Rule

Date: Mar 7, 2026

Objective Reasonableness Controls Arrests Under Article 2, Section 15: Arkansas Overrules State v. Sullivan’s Pretext-Arrest Rule Case: Christopher Coy Gamble v. State of Arkansas | Citation: 2026...

Parole Revocation Is Not Double Jeopardy and Does Not Bar Prosecution for a New Sex-Offender Address-Change Violation

Date: Mar 7, 2026

Parole Revocation Is Not Double Jeopardy and Does Not Bar Prosecution for a New Sex-Offender Address-Change Violation Case: Russell Alexander Geaslin v. Dexter Payne, Director, Arkansas Division of...

Admissible Evidence Required to Prove “Case Within a Case” Proximate Cause in Arkansas Legal-Malpractice Actions

Date: Mar 7, 2026

Admissible Evidence Required to Prove “Case Within a Case” Proximate Cause in Arkansas Legal-Malpractice Actions 1. Introduction In Rebecca Nichols v. James Swindoll and Chuck Gibson, 2026 Ark. 42,...

Arkansas Rape-Shield: Uncorroborated Prior-Encounter Claims Are Inadmissible and Do Not Trigger Confrontation Rights Where Other Impeachment Routes Exist

Date: Feb 22, 2026

Arkansas Rape-Shield: Uncorroborated Prior-Encounter Claims Are Inadmissible and Do Not Trigger Confrontation Rights Where Other Impeachment Routes Exist 1. Introduction In State of Arkansas v. Roy...

Rule 37 Ineffectiveness After Video-Based Familiarity Identifications: No Lineup-Due-Process Analogy, No Prejudice Without Meritorious Objection, and No Cumulative Error Absent Individual Error

Date: Feb 22, 2026

Rule 37 Ineffectiveness After Video-Based Familiarity Identifications: No Lineup-Due-Process Analogy, No Prejudice Without Meritorious Objection, and No Cumulative Error Absent Individual Error Case:...

Rule 37.1 Ineffective-Assistance Claims Fail Without Strickland Prejudice When the Direct-Appeal Record Refutes Alleged Omissions

Date: Feb 15, 2026

Rule 37.1 Ineffective-Assistance Claims Fail Without Strickland Prejudice When the Direct-Appeal Record Refutes Alleged Omissions Introduction In Curtis Dorsey v. State of Arkansas, 2026 Ark. 27, the...