because the ACLU lacked standing to intervene in a criminal case, the merits of the ACLU’s underlying claim that castration as punishment for crime violates the United States and Arkansas Constitutions and is not authorized by Arkansas law were not reached
How later courts described this case
- because the ACLU lacked standing to intervene in a criminal case, the merits of the ACLU’s underlying claim that castration as punishment for crime violates the United States and Arkansas Constitutions and is not authorized by Arkansas law were not reached
Written by the judges who cited it.
Distinguished
Distinguished by French v. State, 2017 Ark. App. LEXIS 155 (2017)
He cites only one Arkansas case, American Civil Liberties Union of Arkansas v. State, 339 Ark. 314, 5 S.W.3d 418 (1999), and it is readily distinguishable.
The opinion
GLAZE, J. concurs, but disagrees with the majority opinJ. analysis of Franz v. State, 296 Ark. 181 , 754 S.W.2d 839 (1988), where it submits the Franz court disregarded ACLU’s lack of standing to reach the merits of the case because the case involved the death penalty. The Franz court was able to reach the merits because the defendant, Ronald Gene Simmons, appeared and made a formal response on the issues decided. See State v. Robbins, 339 Ark. 379 , 5 S.W.3d 51 (1999), Glaze,J. dissenting.
CORBIN and Smith, JJ., join in this concurrence.