Arkansas Supreme Court to allow touch DNA testing to move forward in West Memphis Three case

by George Jared (gjared@talkbusiness.net)

The Arkansas Supreme Court ruled Thursday (April 18) that advanced touch DNA testing can be done on evidence in the “West Memphis Three” case. The decision was a reversal of Crittenden County Circuit Court Judge Tonya Alexander who in 2022 denied a motion for the DNA testing of the ligatures that bound the victims in the case.

Alexander ruled that since Damien Echols was not in prison anymore he could not seek relief in the form of DNA testing. Majority opinion writer Judge Karen Baker said the statute does not require a person to be incarcerated to seek relief under its provisions.

“Here, the plain language in sections 16-112-201 and -202 unambiguously permits ‘a person convicted of a crime’ to petition for additional DNA testing to demonstrate the person’s actual innocence pursuant to Act 1780. This language imposes no requirement that a petitioner must be in state custody to seek relief pursuant to Act 1780, and we decline to CR-22-670 13 read such a requirement into the statutes,” Baker wrote.

Arkansas Supreme Court to allow touch DNA testing to move forward in West Memphis Three case

Damien Echols, Jason Baldwin and Jessie Misskelley Jr., were convicted of the murders of three 8-year-old boys in West Memphis in 1993.

Arkansas attorney general rejects first draft of direct democracy initiative

KUAR | By Hunter Field / Arkansas Advocate

Arkansas’ attorney general has rejected the first version of a proposed constitutional amendment intended to improve the state’s ballot initiative process, but sponsors plan to resubmit.

The text of the measure — which would change parts of the initiative process that have frustrated ballot groups, including ballot title review and signature verification, as well as bar the state Legislature from making changes to initiated amendments or ballot initiative requirements — has a “key ambiguity,” according to Arkansas Attorney General Tim Griffin.

Griffin in a letter dated Feb. 20 declined to certify the measure’s ballot language, saying the proposed amendment was unclear about how and if future initiatives could be challenged at the Arkansas Supreme Court.
Arkansas attorney general rejects first draft of direct democracy initiative

Eva Bee/Getty Images/Ikon Images

Transparency group sues Arkansas attorney general

KUAR | By Josie Lenora

A citizen group filed suit Tuesday against Arkansas Attorney General Tim Griffin in the state Supreme Court.

Arkansas Citizens for Transparency (ACT) has spent months trying to enshrine the Freedom of Information Act in the state constitution. They hope to get a constitutional amendment put on the ballot in 2024 called the “The Arkansas Government Transparency Act.”

Getting an amendment on the ballot is a lengthy process which is rarely successful. First, Griffin must approve the amendment's title and description. Then, ACT can begin collecting the over 90,000 needed signatures from across the state to put the amendment on the ballot.

Transparency group sues Arkansas attorney general

Michael Hibblen/Little Rock Public Radio

A lawsuit against Attorney General Tim Griffin alleges that he is violating the constitution by making it too difficult to get ballot titles approved.

Echols hearing before the Arkansas Supreme Court likely in early 2024

by George Jared (gjared@talkbusiness.net)

Damien Echols plight to force the state of Arkansas to test ligatures used to bound three boys murdered in West Memphis on May 5, 1993, likely won’t be decided by the Arkansas Supreme Court until next year.

The Court is still waiting on an amicus brief from the Innocence Project that is expected to be filed before the end of the month. Once that brief has been filed the appeal will be “get in line” behind previously filed cases to be officially submitted to the high court, Arkansas Supreme Court Clerk Kyle Burton told Talk Business & Politics. It’s difficult to predict when it will be heard, Burton said.

Since it’s a criminal case, it could take precedent over some of the civil cases that have already been filed. Once submitted, justices will render a decision in two to four weeks. That means the timeframe for a decision could span from January to April of next year.

Echols hearing before the Arkansas Supreme Court likely in early 2024

Damien Echols, Jason Baldwin and Jessie Misskelley Jr., were convicted of the murders of three 8-year-old boys in West Memphis in 1993.

Justice Barbara Webb believes her experience qualifies her for Chief Justice role

by Roby Brock (roby@talkbusiness.net)

Arkansas Supreme Court Justice Barbara Webb said her career background has provided her with immense diversity in being the best choice to serve as the state’s next Chief Justice.

Webb, who appeared on this week’s Capitol View program, is seeking the seat held by Chief Justice John Dan Kemp, who is retiring. Justices Karen Baker and Rhonda Wood are also seeking the Chief Justice position.

“I feel like my career path has led me to this opportunity. From being a courtroom attorney in private practice to then being a prosecuting attorney in the courtroom, and then to coming on the court as a Supreme Court Justice, I just feel like the next step or the right step for me where I can give back is to be Chief Justice,” Webb said.

https://talkbusiness.net/2023/08/justice-barbara-webb-believes-her-experience-qualifies-her-for-chief-justice-role/

Justice Barbara Webb.

Gov. Sanders names RPA chair Cody Hiland to Arkansas Supreme Court to replace Justice Robin Wynne

by Roby Brock (roby@talkbusiness.net)

Gov. Sarah Sanders appointed Republican Party of Arkansas chairman Cody Hiland to the Arkansas Supreme Court on Monday (July 3) to fill a vacancy left by the death of Justice Robin Wynne. Hiland, a former state and federal prosecutor, will serve until January 2025 after voters choose a new justice in the 2024 election cycle. Hiland will not be eligible to run for the open seat.

Sanders said the appointment would provide the Arkansas Supreme Court with a “conservative majority” for the first time. Judges and justices run for office in Arkansas under an independent label.

Wynne was re-elected to an eight-year term on the state’s highest court in November 2022, but died in June. The law declares the governor fills the term until the next regular election.

https://talkbusiness.net/2023/07/gov-sanders-names-rpa-chair-cody-hiland-to-arkansas-supreme-court-to-replace-justice-robin-wynne/

Justice Rhonda Wood offers vision for Chief Justice, wants magistrate system to speed up trials

by Roby Brock (roby@talkbusiness.net)

Arkansas Supreme Court Justice Rhonda Wood remembered her colleague Justice Robin Wynne and outlined her vision if she is elected Chief Justice in 2024 – a vision that includes creating magistrates to make the trial process faster and more efficient in the state’s court system.

Justice Wynne died last week after being re-elected to an eight-year term in November 2022. Wood said she and Wynne had a close relationship in part due to having the same initials.

“He was a lovely, lovely man. I worked with him for ten-and-a-half years because we served on the Court of Appeals together, we came on the Supreme Court together,” she said. “We would say, ‘Hi, R.W.’ to each other because it was ‘Robin Wynne, Rhonda Wood’. People got our names confused, nobody could figure out who we were.”

https://talkbusiness.net/2023/06/justice-rhonda-wood-offers-vision-for-chief-justice-wants-magistrate-system-to-speed-up-trials/

Arkansas Supreme Court Justice Rhonda Wood.

Arkansas Supreme Court Justice Robin Wynne dies

KUAR | By Josie Lenora

A member of the Arkansas Supreme Court died Wednesday. According to Arkansas Business, Associate Justice Robin Wynne of Little Rock died at age 70. His cause of death is unknown.

A graduate of Harvard and the University of Arkansas School of Law, Wynne was reelected to a second eight-year term in November. He was reelected in a nonpartisan runoff election with 58% of the vote.

“Our democracy depends on a fair, impartial and independent judiciary,” he told the Arkansas Advocate in November.

https://www.ualrpublicradio.org/local-regional-news/2023-06-22/arkansas-supreme-court-justice-robin-wynne-dies

Courts.Arkansas.Gov/Courts.Arkansas.Gov

Arkansas Supreme Court reverses decision to put LEARNS Act on pause

by Steve Brawner (BRAWNERSTEVE@MAC.COM)

The Arkansas Supreme Court ended a restraining order against the LEARNS Act, Gov. Sarah Sanders’ signature education law, but the case will continue to be litigated.

In a 5-2 vote with four concurring opinions, the Arkansas Supreme Court on Thursday (June 15) reversed and vacated a temporary restraining order against the LEARNS Act and remanded the case back to the court that issued the order.

The decision allows the state Department of Education to begin implementing Gov. Sarah Sanders’ education reform law but does not close the case.

https://talkbusiness.net/2023/06/arkansas-supreme-court-reverses-decision-to-put-learns-act-on-pause/

Efforts to block LEARNS continue at the Arkansas Supreme Court

KUAR | By Josie Lenora

Briefs were filed Tuesday in a case challenging the constitutional legitimacy of Arkansas LEARNS. Plaintiff attorney Ali Noland is arguing the law was not passed through proper constitutional procedure.

Arkansas LEARNS is the name given to a package of omnibus education legislation passed by the legislature and signed into law by Gov. Sarah Huckabee Sanders this year. The bill has many objectives; one is that it plans to use tax dollars to fund so-called educational freedom accounts, pools of money parents can use to enroll their children in private schools. LEARNS also allows struggling public school districts to be taken over by charter companies.

When the legislature passed the law earlier this year, lawmakers voted for both the bill and the emergency clause at the same time. Emergency clauses make legislation to go into effect immediately and not 90 days after the end of the session. Under the plain language of the Arkansas constitution, emergency clauses should be voted on separately from laws.

https://www.ualrpublicradio.org/local-regional-news/2023-06-07/efforts-to-block-learns-continue-at-the-arkansas-supreme-court

Courts.Arkansas.Gov/Courts.Arkansas.Gov

Briefs were filed Tuesday in a case challenging the constitutionality of the Arkansas LEARNS education law.

Arkansas Supreme Court reverses ruling that struck state law banning mask mandates

KUAR | By Hunter Field / Arkansas Advocate

The Arkansas Supreme Court on Thursday overturned a lower court’s decision to strike down Arkansas’ prohibition on government mask mandates.

Thursday’s order tossed Pulaski County Circuit Judge Tim Fox’s 2021 ruling on procedural grounds, and it did not contemplate the merits of the arguments in the case.

Fox’s ruling had struck down Act 1002 of 2021, which prohibited government entities, such as cities and school districts, from requiring individuals to wear face coverings during the COVID-19 pandemic.

https://www.ualrpublicradio.org/local-regional-news/2023-01-27/arkansas-supreme-court-reverses-ruling-that-struck-state-law-banning-mask-mandates

Judge voids Pope County casino license granted to Cherokee Nation

by Talk Business and Politics (staff@talkbusiness.net)

The contentious path to building a casino in Pope County took yet another turn Thursday (Jan. 12) when Pulaski County Circuit Court Judge Tim Fox ruled that Arkansas officials “unconstitutionally” granted a casino license to Cherokee Nation Businesses.

Gulfside Casino Partnership had appealed a November 2021 decision by the Arkansas Racing Commission to grant the Pope County license to Cherokee Nation Businesses and its Legends Resort and Casino company.

The Cherokee Nation proposal was approved in a narrow 3-2 Racing Commission vote after the Arkansas Supreme Court ruled ineligible the Gulfside Casino Partnership proposal in late October 2021. The state’s high court ruled that Gulfside did not have an official letter from an elected official during the active part of the application process, while Cherokee Nation did.

https://talkbusiness.net/2023/01/judge-voids-pope-county-casino-license-granted-to-cherokee-nation/

Arkansas Supreme Court puts marijuana amendment back on the November ballot

by Talk Business & Politics staff (staff2@talkbusiness.net)

Recreational marijuana use will be on Arkansas’ November election ballot. The Arkansas Supreme Court on Thursday (Sept. 22) overturned a State Board of Election Commissioners (SBEC) decision to deny certification of the constitutional amendment legalizing marijuana use for adults.

The SBEC on Aug. 3 denied certification of a proposed constitutional amendment – Issue 4 – to legalize recreational marijuana for adults over the age of 21. The panel cited concerns regarding sufficient background checks for dispensary owners and limits on THC, tetrahydrocannabinol, a chemical found in marijuana. The SBEC review is part of a new process for ballot petitions.

In a 5-2 opinion, the Arkansas Supreme Court rejected the panel’s concerns about ballot sufficiency. Justices Shawn Womack and Barbara Webb dissented. (Link here for a PDF of the opinion.)

https://talkbusiness.net/2022/09/arkansas-supreme-court-puts-marijuana-amendment-back-on-the-november-ballot/

Adult-use cannabis makes Nov. 8 ballot, votes might not count

by Jeff Della Rosa (JDellaRosa@nwabj.com)

A group recently submitted more than twice the number of signatures for a ballot issue that, if approved, would allow for adult-use or recreational cannabis in Arkansas. While the issue was conditionally certified to be on the November ballot, the Arkansas Supreme Court will decide whether the votes will count.

Responsible Growth Arkansas gathered more than 193,000 signatures, more than twice the 89,151 signatures required to make the ballot. In late July, Arkansas Secretary of State John Thurston confirmed the group had the signatures to meet the requirement. But in early August, the Arkansas Board of Election Commissioners, on which Thurston is chairman, denied certifying the ballot issue amid concerns regarding sufficient background checks for dispensary owners and limits on THC, tetrahydrocannabinol, a marijuana chemical.

Steve Lancaster, attorney for Wright Lindsey Jennings and spokesman for Responsible Growth Arkansas, appealed to the Supreme Court, and it ruled to conditionally certify the ballot issue. Lancaster said the ruling was needed to meet the Aug. 25 certification deadline, so the ballots could be printed on time.

https://talkbusiness.net/2022/08/adult-use-cannabis-makes-nov-8-ballot-votes-might-not-count/

Steve Lancaster is an attorney for Wright Lindsey Jennings and the spokesman for Responsible Growth Arkansas. The group recently submitted more than twice the number of signatures needed for a ballot issue to legalize adult-use or recreational cannabis in Arkansas.

Poll: Undecideds rule in Arkansas Supreme Court contests

by Talk Business & Politics staff (staff2@talkbusiness.net)

A new Talk Business & Politics-Hendrix College Poll of Arkansas voters finds that two incumbent Supreme Court justices lead in their re-election bids, but undecided voters could easily alter the final results.

The survey, conducted Monday, May 2, gathered opinions from 1,436 likely voters and has a margin of error of +/-3.6%. Respondents were asked for whom they planned to vote in the two contested nonpartisan Supreme Court races.

Arkansas Supreme Court, Position 2
23% – Supreme Court Associate Justice Robin Wynne
9% – Judge Chris Carnahan
8% – David Sterling
60% – Don’t know

Arkansas Supreme Court, Position 6
33.5% – Supreme Court Justice Karen Baker
18.5% – Judge Gunner DeLay
48% – Don’t know

https://talkbusiness.net/2022/05/poll-undecideds-rule-in-arkansas-supreme-court-contests/

Rutledge Applauds Decision Upholding Attorney General's Constitutional Duty to Protect and Educate Arkansans

Arkansas Attorney General Leslie Rutledge applauds the Arkansas Supreme Court’s decision to reject the frivolous lawsuit filed by political opponents questioning her constitutional duty to protect and educate Arkansans from con artists and an overreaching federal government. The Court held that Attorney General Rutledge’s litigation and consumer-education efforts challenged by this lawsuit were legal. The Justices reversed every claim against the Attorney General before the Supreme Court and effectively ordered the circuit court to dismiss what remains.

“While I am pleased as Arkansas’s chief legal officer that the Supreme Court rejected this frivolous stunt of a lawsuit by my political opponents, I am frustrated that my office was forced to spend precious resources defending our lawful duty to carry out our statutory job responsibilities,” said Attorney General Leslie Rutledge. “For the last seven and half years, my office has held bad businesses accountable, taken legal actions against the federal government’s illegal mandates, and assisted hundreds of thousands of Arkansans who reached out in need. The Supreme Court’s decision has major implications for every officeholder in the State, and I’m proud of my team for this victory.”

Arkansas court reverses ruling against schools’ mask mandate

KUAR | By The Associated Press

The Arkansas Supreme Court on Thursday reversed a judge’s decision to block a school district’s mask mandate that was implemented to prevent the spread of COVID-19.

Justices reversed the temporary restraining order issued against the Bentonville School District’s mask requirement. Bentonville was among dozens of districts that imposed a mask requirement last year after a state law banning such mandates was blocked in a separate case. A group of parents had sued challenging the mandate.

The court said that Arkansas’ laws give schools broad authority to determine their policies.

https://www.ualrpublicradio.org/local-regional-news/2022-04-14/arkansas-court-reverses-ruling-against-schools-mask-mandate

Courts.Arkansas.Gov

The Arkansas Supreme Court building on the state Capitol grounds.

Arkansas Supreme Court Justice Karen Baker announces for re-election

by Roby Brock (roby@talkbusiness.net) January 20, 2022 8:47 pm

Arkansas Supreme Court Justice Karen Baker said Thursday (Jan. 20) she would seek a third term on the state’s highest court.

Baker has served two terms as a Supreme Court Justice. She completed the remaining four years of then-Justice Annabelle Clinton Imber’s term, and was elected to a full-term in 2014.

“I believe my experience at every level of the judiciary is unmatched, and I am currently the senior, most experienced justice on the Arkansas Supreme Court. I want to continue to put that experience to work for the people of Arkansas,” Justice Baker said in an announcement release.

https://talkbusiness.net/2022/01/arkansas-supreme-court-justice-karen-baker-announces-for-re-election/

Arkansas Racing Commission moves forward with Cherokee Nation casino license in Pope County

by Roby Brock (roby@talkbusiness.net)

The Arkansas Racing Commission on Friday (Nov. 12) accepted the application and $250,000 filing fee from Cherokee Nation Businesses to move forward on a casino license in Pope County.

The motion passed on a 3-2 vote with two commissioners not participating. The Cherokee Nation proposal was deemed qualified after the Arkansas Supreme Court ruled ineligible the Gulfside Casino Partnership proposal in late October. The state’s high court previously ruled that Gulfside did not have an official letter from an elected official during the active part of the application process, while Cherokee Nation did.

There is still separate litigation pending that could affect the eligibility of the Cherokee Nation license, but it may not be resolved for months.

https://talkbusiness.net/2021/11/arkansas-racing-commission-moves-forward-with-cherokee-nation-casino-license-in-pope-county/

John Amatucci/Cherokee Nation

A Cherokee Nation casino in Fort Gibson, Oklahoma. The business was issued a license Friday by the Arkansas Racing Commission.

Arkansas Supreme Court rules for Cherokee Nation in Pope County casino case

KUAR | By Roby Brock / Talk Business & Politics

The Arkansas Supreme Court on Thursday ruled in favor of the Cherokee Nation Businesses and against Gulfside Casino Partnership in a long-running controversial series of legal and regulatory challenges to place a casino in Pope County.

The dispute arises from actions taken soon after voters approved The Arkansas Casino Gaming Amendment, which requires the Racing Commission to issue licenses to Oaklawn Jockey Club in Hot Springs, Southland Racing Corporation in West Memphis, and to entities in Pope County and Jefferson County.

The high court’s ruling in Cherokee Nation Businesses and Arkansas Racing Commission vs. Gulfside Casino Partnership focused on which entity was a legal applicant for a casino license.

https://www.ualrpublicradio.org/local-regional-news/2021-10-21/arkansas-supreme-court-rules-for-cherokee-nation-in-pope-county-casino-case

The Arkansas Supreme Court