Case law

Aaron Spencer v. State of Arkansas

2025 Ark. 91 · Supreme Court of Arkansas · May 29, 2025

For example, prohibiting the public expression of an opinion as to “the weight, value, or effect of any evidence as tending to establish the guilt or innocence of the [d]efendant” by any public official is clearly overbroad … Public officials aren’t immune from public criticism—judges and prosecutors included.

Bailey v. Martin

Supreme Court of Arkansas · May 14, 2014

Bailey thus argued that a writ of mandamus was not warranted, as there was no clearly established, undisputed legal right to demonstrate that mandamus should issue. … Similarly, we have held that a party may not utilize the process established in section 7-5-207(b) in a post-election challenge. See Zolliecoffer v.

KARK-TV v. Simon

280 Ark. 228 · Supreme Court of Arkansas · Sep 12, 1983

Carolyn Long, a reporter for KARKTV, happened to be in another business establishment two doors down. … But the privilege granted in § 611 is qualified and will be lost if abused by failure to give an accurate and fair report under § 611 (f).

Ackerman v. Citizens Bank

262 Ark. 228 · Supreme Court of Arkansas · Sep 26, 1977

Ackerman for federal estate tax purposes and all qualified for the marital deduction. … None contain the restrictive language used in the trust established by Mrs. Ackerman.

American Sheet Metal Works, Inc. v. Con-Ark Builders, Inc.

276 Ark. 366 · Supreme Court of Arkansas · Jun 21, 1982

And Con-Ark insists that American Sheet Metal Works was not licensed and qualified. … If a litigant under our system is to be deprived of the opportunity to present his cause to a jury on the basis of an adverse rule of law, it ought to be possible (and essential) to clearly state what that rule is and where

Hooker v. Parkin

235 Ark. 218 · Supreme Court of Arkansas · May 28, 1962

We construe this provision to mean that the Legislature has the sole authority to establish the maximum remuneration to be received by any State employee and to establish the maximum number of such employees. … Clearly, the people of Arkansas spoke out through this amendment against deficit financing in State affairs, and in effect established public policy of the State Government, against such spending.

Wilson v. Wilson

294 Ark. 194 · Supreme Court of Arkansas · Dec 21, 1987

Rawleigh Ralls, president of Educational Research Associates, Inc., was qualified as an expert regarding economics, finance and statistics. … Thus, whether goodwill is marital property is a fact question and a party, to establish goodwill as marital property and divisible as such, must produce evidence establishing the salability or marketability of that goodwill

Montgomery County v. Cearley

192 Ark. 868 · Supreme Court of Arkansas · Jun 15, 1936

The next ground urged for reversal is that the case was submitted to a jury of less than twelve qualified jurors, and that the verdict was signed by the foreman only. … statute of limitations, unless it has clearly manifested its intention to be so bound.

Johnson v. State

120 Ark. 193 · Supreme Court of Arkansas · Oct 4, 1915

In both cases, the court clearly announces that under such an instruction in a charge for murder; the burden of proof never shifts to the defendant to establish his innocence by a preponderance of the evidence on any phase … We have carefully examined this evidence as set forth in the record, and can not say that the court erred in holding that the jurors were qualified.

City of Centerton v. City of Bentonville

375 Ark. 439 · Supreme Court of Arkansas · Jan 30, 2009

Bentonville sued Centerton, alleging that West Island failed to comply with the requirements qualifying the land for annexation by Centerton under Arkansas Code Annotated section 14-40-302(a). … Clearly, the land south of Motley Road was only annexed to obtain the “whole island.” Ben-tonville showed that there was no municipal purpose in annexing the property south of Motley Road.

Waddle v. Sargent

313 Ark. 539 · Supreme Court of Arkansas · Jun 21, 1993

Judge Rogers, elected, qualified, and acting Circuit-Chancery Judge of the 11th Judicial District, was assigned by the Chief Justice as the judge to hear petitioner's case after the elected, qualified, and acting Circuit … In any case, the opinion clearly limited the prohibitions of the special judge's action to rendering the decree and did not otherwise invalidate the proceedings.

Bly v. State

267 Ark. 613 · Supreme Court of Arkansas · Jan 28, 1980

He contends the finding of the jury, during the mitigation stage of the first trial, that Burns was killed by someone other than the appellant, brings this doctrine into force thereby causing appellant to be immune from prosecution … It seems the testimony of the witnesses clearly showed the vehicle was in essentially the same condition as it was when the appellant departed possession of it.

Perry Ad'r v. Field

40 Ark. 175 · Supreme Court of Arkansas · Nov 15, 1882

On the 12th of January,1869, the will was probated, the executrix and executor qualified and issued the statute notice to creditors and took charge of the estate. In December, 1869, Mrs. … The Probate Court clearly had jurisdiction of the subject matter, and its judgment was not void and quashable on certiorari.

Rickett v. Hayes

256 Ark. 893 · Supreme Court of Arkansas · Jul 8, 1974

It is clearly established that the treatment of the patient is to be tested by the standards of the doctor’s own school. See Bockman v. Butler, 226 Ark. 159 , 288 S.W. 2d 597 . … In this he was supported by his expert witnesses, all of whom were oral surgeons, although some of them also qualified as plastic surgeons.

Ark. St. Bd. of Elec. Comm'rs v. PCEC

Supreme Court of Arkansas · May 14, 2014

The procedure established by the ASBEC for absentee voters is similar to that established by the General Assembly in Ark. Code Ann. § 7-5-321 (Supp. 2013), for in-person voters who fail to present proof of identity. … The General Assembly clearly knew how to provide a remedy to absentee voters.

Hawkins v. Filkins

24 Ark. 286 · Supreme Court of Arkansas · Dec 15, 1866

This is plainly shown by the powers enumerated : “ to lay and collect taxes“ to borrow money“ to regulate commerce;” “to coin money;” “to establish post offices and post roads;” “ to establish courts, inferior to the supreme … These authorities, as well as others to which we have had reference, very clearly establish two propositions: 1.

Ark. Nat. Bank of Hot Springs v. Mayer

216 Ark. 255 · Supreme Court of Arkansas · Dec 12, 1949

This instruction clearly means that the estate is to be kept intact for the duration of the trust. … Together the two clauses establish a unified scheme, but it is a scheme that would be nullified if withdrawals from capital were permitted.

Martin v. Hefley

259 Ark. 484 · Supreme Court of Arkansas · Mar 8, 1976

She further testified that she and her husband had not established a home but that both lived with his parents part of the time and with her parents part of the time. … But that section of the statute clearly requires that the application be made only on the form set out in the act. That form is set out in Ark.Stat.Ann. § 3-905 (Supp.1973).

Ark. St. Bd. of Elec. Comm'rs v. PCEC

2014 Ark. 236 · Supreme Court of Arkansas · May 16, 2014

The procedure established by the ASBEC for absentee voters is similar to that established by the General Assembly in Ark. Code Ann. § 7-5-321 (Supp. 2013), for in-person voters who fail to present proof of identity. … The General Assembly clearly knew how to provide a remedy to absentee voters.

Ark. St. Bd. of Elec. Comm'rs v. PCEC

2014 Ark. 215 · Supreme Court of Arkansas · May 14, 2014

The procedure established by the ASBEC for absentee voters is similar to that established by the General Assembly in Ark. Code Ann. § 7-5-321 (Supp. 2013), for in-person voters who fail to present proof of identity. … The General Assembly clearly knew how to provide a remedy to absentee voters.