Robin F. Wynne

The case involved Affordable Bail Bonds appealing a circuit court order forfeiting its $100,000 appearance bond after defendant Eloy Alvarez failed to appear for his May 2013 trial on drug charges. The Arkansas Court of Appeals affirmed the forfeiture, holding that it was properly based on the May failure to appear, for which the surety received notice the next day in compliance with Arkansas Code Annotated section 16-84-207. The court distinguished an earlier October 2012 failure to appear that had been nolle prossed, noting that Alvarez was not treated as a fugitive after that event and the bond remained in effect for the later trial date. It also rejected the argument that service of the summons was invalid because it was accepted by an employee rather than an officer or registered agent.

criminal lawprocedure

In Person v. State, Emmanuel Person appealed the Pulaski County Circuit Court's revocation of his probation, which had been imposed following a 2009 guilty plea to theft by receiving and later extended. The State petitioned for revocation based on his failure to report monthly to his probation officer after March 2012. The Arkansas Court of Appeals affirmed the revocation. The court reasoned that the appellant's claim regarding lack of proof that he received written probation conditions was not raised below and could not be considered for the first time on appeal, while other evidence showed he was aware of the reporting requirement.

criminal lawprocedure

This case involves Michael Woole's appeal from his convictions for two counts of aggravated cruelty to a dog, cat, or horse in Faulkner County Circuit Court. Woole challenged the trial court's denial of his motion to dismiss and motion to suppress photographs taken during an alleged illegal search. The Arkansas Court of Appeals did not address the merits of the appeal due to an incomplete record, specifically the absence of Woole's post-trial brief on the suppression motion, which is needed to understand the arguments presented to the trial court. The court remanded the case to supplement the record with the missing brief and ordered rebriefing by the parties.

criminal lawprocedure

The case involved J.J., a juvenile adjudicated delinquent for second-degree battery and placed on probation that included a requirement to complete residential treatment. After allegations of repeated violations at the treatment facility, including defiance, aggression toward staff and patients, and theft, the Craighead County Circuit Court revoked his probation and committed him to the Division of Youth Services. J.J. appealed, arguing that the evidence was insufficient because his behavior resulted from a change in medication for his mental health conditions. The Arkansas Court of Appeals affirmed the revocation, concluding that the State had shown by a preponderance of the evidence that J.J. violated the terms of probation and that there was no evidence connecting the medication change to his conduct.

criminal lawfamily law

In Malvin v. State, Ashley Malvin was convicted after a bench trial of computer exploitation of a child, distributing matter depicting sexually explicit conduct involving a child, and sexual indecency with a child based on evidence that he sent photographs of his penis to a 14-year-old member of his church congregation. Malvin appealed only the sexual indecency conviction, contending that the state failed to prove he exposed his penis because he sent images rather than exposing himself in person. The Arkansas Court of Appeals affirmed the conviction, holding that sending the photographs satisfied the statutory requirement of exposing his sex organs to a minor while in a position of trust and authority, as the statute's plain meaning encompasses laying open to view by any means, and the method of exposure did not negate the offense.

criminal law

In Malone v. State, Clifford Malone was convicted of rape under Arkansas law after being charged with engaging in sexual activity with a minor, A.H., while acting as her guardian. The case centered on whether Malone met the statutory definition of guardian, which includes anyone placed in an apparent position of power or authority over a minor due to a living arrangement. At trial, evidence showed that Malone lived with A.H.'s mother, supervised A.H. during her weekend visits when the mother was at work, and that A.H. followed his instructions on the day of the offense. The Arkansas Court of Appeals affirmed the conviction, holding that the evidence was sufficient for the jury to conclude Malone was in such a position of apparent authority, even without proof that he was a primary caretaker or disciplinarian. The court rejected arguments that sporadic visitation or lack of formal custody arrangements precluded the guardian element.

criminal lawfamily law