Donald L. Corbin

This case involved a challenge to Patrick Roberson's candidacy for two positions—Justice of the Peace and Helena-West Helena City Treasurer—in elections scheduled for the same date. The Phillips County Circuit Court granted a petition for mandamus and declaratory judgment, disqualifying Roberson from the City Treasurer race under Arkansas Code Annotated section 7-5-111, which prohibits running for more than one state, county, or municipal office if elections are held on the same day, and denied his request to withdraw from the Justice of the Peace election. On appeal, the Arkansas Supreme Court affirmed the disqualification, interpreting the statute to bar multiple candidacies within the same category of offices. The court also addressed procedural aspects, including the timing of filings and vote counting, but dismissed parts of the appeal related to certification.

elections

The case involved a dispute over the timing of municipal elections for mayor, city clerk, and treasurer in Pine Bluff, Arkansas, after Deborah Hollingsworth won the 2012 mayoral election with a term listed as running through 2016. Hollingsworth sought a writ of mandamus from the Jefferson County Circuit Court to prevent the Jefferson County Election Commission from holding those offices' elections in 2014. The circuit court granted the requested writ, but the Arkansas Supreme Court dismissed the Commission's appeal as moot because the election deadlines had passed without any candidates being certified for the ballot and because the circuit court had not issued a written declaratory judgment on the underlying term-length question that could qualify for an exception to the mootness doctrine.

electionsprocedure

The case Martin v. Kohls involved a challenge by registered voters to Act 595 of 2013, an Arkansas statute requiring voters to present proof of identity such as a government-issued photo ID when casting ballots at the polls. The Pulaski County Circuit Court declared the Act unconstitutional on its face, issued a preliminary injunction, and barred enforcement by the Secretary of State and State Board of Election Commissioners. On appeal, the Arkansas Supreme Court affirmed, ruling that the Act was invalid because the legislature did not enact it as an amendment to Amendment 51 or secure the two-thirds vote required by section 19 of that amendment for voter-identification measures. The court declined to reach additional claims under Article 3 of the Arkansas Constitution, finding the procedural defect sufficient to nullify the law.

electionscivil rights

The case involved Jeremy Clay Thompson, who was arrested for theft of property but failed to appear in district court before any formal charges were filed against him. He was later convicted of failure to appear as a Class C felony and sentenced to seven years in prison. Thompson appealed, arguing insufficient evidence because no criminal charge was pending at the time of his failure to appear. The Arkansas Supreme Court reversed and dismissed the conviction, holding that the relevant statute requires a pending charge to classify failure to appear as a Class C felony, and the State failed to prove one existed. The court interpreted the statute's plain language to distinguish between the elements of the offense and the factors for its classification as a felony.

criminal lawprocedure

The case was a breach-of-contract action in which Real Forms, LLC sued the Arkansas Realtors Association after the Association terminated a 2010 agreement for development of software to create and manage electronic real-estate forms. The trial court denied the Association's post-verdict motions for JNOV or a new trial after a jury found in Real Forms' favor, and Real Forms cross-appealed the denial of its request for attorneys' fees and costs. The Arkansas Supreme Court affirmed the appeal, holding that substantial evidence supported the jury's finding of breach, including the Association's failure to follow the contract's required termination procedures such as providing notice of deficiencies and an opportunity to cure. The court reversed and remanded the cross-appeal for further proceedings on fees.

business & regulatoryprocedure

This case involves Derek Sales's appeal from the denial of his petition for postconviction relief under Arkansas Rule of Criminal Procedure 37.5, following his convictions for capital murder and aggravated robbery, for which he received a death sentence and life imprisonment. Sales argued that his trial counsel provided ineffective assistance by mentioning the possibility of a gubernatorial pardon if sentenced to life and by referring to his escape from jail during opening statements. The Supreme Court of Arkansas affirmed the circuit court's denial of relief, concluding that the pardon reference was a strategic decision and that the escape reference, even if improper, did not prejudice the sentencing outcome because the escape conviction could have been admitted as an aggravating factor anyway.

criminal lawprocedure