Case law

Yedrysek v. State

293 Ark. 541 · Supreme Court of Arkansas · Nov 16, 1987

The Valladares court stated: Clearly failure to prosecute the only co-conspirator, or an inconsistent disposition or inconsistent verdict in a different trial, would not affect a defendant’s guilt. [Cite omitted.] … The evidence was admissible to show Ronald’s culpable mental state, and flight to avoid arrest or trial is admissible as a circumstance in corroboration of evidence tending to establish guilt. Mason v.

Opinion No.

Arkansas Attorney General Reports · Jul 8, 2004

Given that the subjects of the request are all state employees, I believe documents containing the requested information clearly qualify as "public records" under this definition. As my predecessor noted in Op. … The FOIA does not define the phrase "clearly unwarranted invasion of personal privacy."

Kevin Hackie v. Colonel William J. Bryant, in His Official Capacity as Director of the Arkansas State Police

654 S.W.3d 814 · Supreme Court of Arkansas · Dec 1, 2022

In 2019, we reversed the circuit court’s order dismissing Hackie’s appeal as barred by the doctrine of sovereign immunity. Hackie v. Bryant, 2019 Ark. 228, 577 S.W.3d 10 (Hackie I). … Here, section 17-4-306 is 7 clearly the more specific statute, and it therefore controls.

Cherokee Nation v. Southern Kan. R.

33 F. 900 · District Court, W.D. Arkansas · Feb 2, 1888

Rogers, A How. 572, said: “ We think it t&o clearly and firmly established to admit of dispute that the Indian tribes residing within the territorial limits of the United States are subject to their authority.” In U. … It has a qualified autonomy,—a local government,—but it does not como within the meaning of either a state or territory, but is a part of what is called “Indian Country.”

United States v. Gorman Towers Apartments

857 F. Supp. 1335 · District Court, W.D. Arkansas · Jul 15, 1994

Helen Gregory, Robert Gregory’s mother, suffers from chronic immune system ailment, anxiety and severe depression. … Nevertheless, we must exercise a balance that clearly has been lacking in this case. Id. at 957 .

Opinion No.

Arkansas Attorney General Reports · Feb 3, 2006

If one of the offers is from a non-profit corporation, with the intention of establishing a private school, may the District reject that bid on the basis that the establishment of a private school within the District's boundaries … I believe those purposes clearly qualify as effecting a "public advantage" to education consistent with the provisions of Article 14, § 1.

Patrick v. Tyson Foods, Inc.

489 S.W.3d 683 · Court of Appeals of Arkansas · Apr 20, 2016

This information included the security video that—according to appellant—clearly and accurately sets forth appellant’s activities on the morning in question. … Appellees demonstrated a prima facie case of entitlement to this qualified privilege, and appellant failed to meet proof with proof to demonstrate that there was any basis to bar appellees from the benefit of the qualified

Rison v. Farr

24 Ark. 161 · Supreme Court of Arkansas · Dec 15, 1865

electors in this state, and have fixed all the pre-requisites necessary to qualify a citizen to exercise the elective franchise. … And clearly, if the legislature cannot, by direct legislation, prohibit those who possess the constitutional qualification to vote, from exercising the elective franchise, that end cannot be'accomplished by indirect legislation

Wright v. Madison County Regional Water District

District Court, W.D. Arkansas · Nov 29, 2022

When asserting Eleventh Amendment immunity from suit, it is a defendant’s initial burden to establish its status as an arm of the State. See, e.g., Woods v. Rondout Valley Cent. Sch. Dist. Bd. … Cir.2006) (finding governmental entity invoking Eleventh Amendment immunity bears burden of proving that it qualifies as an arm of the state); Gragg v. Ky.

Walpole v. Lewis

254 Ark. 89 · Supreme Court of Arkansas · Mar 19, 1973

We consider the evidence sufficient to establish the will as an attested will. … Application of the rule in Anthony clearly réquires that the will before us be sustained as an attested will.

Opinion No.

Arkansas Attorney General Reports · Jun 30, 2008

Given that the subjects of the request are city employees, I believe documents containing the requested information clearly qualify as "public records" under this definition. As my predecessor noted in Op. Att'y Gen. … The FOIA does not define the phrase "clearly unwarranted invasion of personal privacy."

Worthen Bank & Trust Co., N.A. v. Hilyard Drilling Co. (In Re Hilyard Drilling Co.)

74 B.R. 5 · District Court, W.D. Arkansas · Oct 14, 1986

The debtor contends that the testimony adduced at the hearing clearly established that the sales were in the normal course of its business. … Such price was established at his discretion. Creditors had no input into the valuation of these assets.

Opinion No.

Arkansas Attorney General Reports · Jul 8, 2004

Given that the subjects of the request are all state employees, I believe documents containing the requested information clearly qualify as "public records" under this definition. As my predecessor noted in Op. … The FOIA does not define the phrase "clearly unwarranted invasion of personal privacy."

Opinion No.

Arkansas Attorney General Reports · Nov 21, 1995

Const. amend. 51 , § 9(a), provides: All persons may register who: (1) are qualified electors and who have not previously registered; (2) will become qualified electors during the twenty (20) day period immediately prior … No person may be qualified to vote in more than one (1) county at any one (1) time.

Opinion No.

Arkansas Attorney General Reports · Nov 15, 2010

Second, if the officials qualified to serve do not number five or more, the qualified officials or their appointed representatives will appoint additional members to equal five. … In my opinion, then, the statute clearly envisions that only qualifying public officials may serve for an indefinite term.

Opinion No.

Arkansas Attorney General Reports · Apr 10, 2001

In my opinion, operating such a facility clearly qualifies as a "vocation" or "calling," thus rendering the facility subject to taxation if the municipal corporation elects to impose a tax. … City of Little Rock, 229 Ark. 819 , 319 S.W.2d 37 (1958), which involved a challenge to a requirement that the NAACP disclose its membership list as a condition to qualifying for a charitable exemption to the occupation or

Lee v. Big Flat Public Schools

280 Ark. 377 · Supreme Court of Arkansas · Oct 17, 1983

We must affirm the trial court’s decision if not clearly erroneous. ARCP Rule 52. … No basis for relief is established by this second contention. Affirmed. Adkisson, C.J., and Hickman and Hays, JJ., dissent.

Hamilton v. Love

328 F. Supp. 1182 · District Court, E.D. Arkansas · Jun 2, 1971

Plaintiffs allege deprivations, under col- or of state law, of rights, privileges and immunities, secured by the Eighth and Fourteenth Amendments to the Constitution of the United States. … The final decision may, indeed, rest with the qualified voters of the governmental unit involved.

Mysch

District Court, E.D. Arkansas · Jan 28, 2026

Officer Hutchins responds by arguing qualified immunity from § 1983 liability. … Officer Hutchins is therefore entitled to qualified immunity on Mysch’s claim under Franks v. Delaware, 438 U.S. 154 (1978). For these same reasons, her retaliatory free-speech claim fails.

Guthrie v. State

575 S.W.3d 460 · Court of Appeals of Arkansas · Apr 10, 2019

The trial court concluded that Guthrie had failed to overcome the presumption that Pearson was unbiased and qualified to serve. II. … Jurors are presumed unbiased and qualified to serve. Howard v. State , 367 Ark. 18 , 238 S.W.3d 24 (2006).