Brooks v. First State Bank, N.A., No. CA 09-767. In December 2005, Ressie Lee Brooks was notified by a bogus company that she had won a $50,000 sweepstakes. She was told that a check representing partial payment of $2,270 would be sent to her and that she should cash the check and return the funds [...]
Archive for the ‘Criminal Law’ Category
Arkansas Court of Appeals holds that a bank’s full, fair, and truthful disclosure of suspicious financial activity to a prosecutor is a defense to malicious prosecution.
Posted in Criminal Law, Torts, tagged malicious prosecution on April 29, 2010 | 4 Comments »
Eighth Circuit holds that Arkansas state courts correctly followed the totality-of-the-circumstances test in concluding a minor had knowingly and intelligently waived his Miranda rights.
Posted in Constitutional Law, Criminal Law, tagged AEDPA, felony murder, habeas corpus, Miranda warnings on November 18, 2009 | Leave a Comment »
Bell v. Norris, No. 07-3432. In December 1992, Albert Bell, a sixteen-year-old, and his accomplice, Terry Sims, robbed a grocery story. Bell served as a decoy to distract a store employee who Sims subsequently shot and killed. A second store employee began screaming, and Sims shot and killed the employee while Bell took money from [...]
Nevada Supreme Court strikes criminal portions of clean air act as being impermissibly vague.
Posted in Constitutional Law, Criminal Law, Environmental Law, tagged clean air act, vagueness on September 29, 2009 | Leave a Comment »
The Nevada Clean Indoor Air Act, a voter-approved ban passed in 2006, prohibits smoking in schools and workplaces, but makes exceptions for bars, casinos and strip clubs. The Nevada Tavern Owners Association, Terrible’s Hotel and Casino, and Three Angry Wives Pub challenged the criminal portion of the Act, claiming it was vague to be enforced. [...]
Arkansas lawyer questioned regarding missing settlement proceeds.
Posted in Criminal Law, Ethics, tagged attorney misconduct on May 11, 2009 | Leave a Comment »
Gene Cauley, an Arkansas attorney, was one of the lead plaintiff’s attorneys in a securities lawsuit against BISYS Group, Inc., an insurance company, that Cauley alleged inflated its stock value by issuing false and misleading press releases and financial filings. The parties settled the lawsuit in 2006 for $65.8 million. Cauley was the sole signatory [...]
Sixth Circuit judge asserts capital punishment system is broken “beyond repair.”
Posted in Constitutional Law, Criminal Law, tagged capital punishment on April 21, 2009 | Leave a Comment »
For an interesting review of the recent case of Wiles v. Bagley and the concurring opinion of Judge Boyce F. Martin, Jr., click here.
Fourth Circuit upholds search of farmland without a warrant through “open field” doctrine.
Posted in Animal Law, Constitutional Law, Criminal Law on February 17, 2009 | Leave a Comment »
In 2006, the Virginia Department of Game and Inland Fisheries visited the soybean farm of Steve VanKesteren after receiving a report that he had killed two red-tailed hawks in violation of the Migratory Bird Act. The visit produced no evidence, and the Virginia Department of Game and Inland Fisheries set up video surveillance of the [...]
In Focus: The potential conflict of interest relating to Judge Willard Proctor and Cycle Breakers.
Posted in Constitutional Law, Criminal Law, Ethics, In Focus on February 15, 2009 | 2 Comments »
I’ve heard about this controversy for some time and, honestly, have given it very little thought. Recently, however, I read an article in the Arkansas Times, “Kid Gloves,” which caused me to consider the issues raised and, eventually, dismiss them. To read the Arkansas Times article, click here. The following is a summary of why [...]
California ordered to release 57,000 prisoners because of overcrowding and lack of medical care.
Posted in Constitutional Law, Criminal Law on February 10, 2009 | 2 Comments »
For a full account of this story, click here.
In Focus: Arkansas’s new animal cruelty law.
Posted in Animal Law, Criminal Law, Legislation on February 6, 2009 | Leave a Comment »
The stated purpose of the Act is to change animal cruelty from a misdemeanor to a felony. However, animal cruelty (mistreatment, killing, abandonment, etc.) is still only a misdemeanor. Ark. Code Ann. 5-62-101. Aggravated animal cruelty (torture) is now a Class D felony. Ark. Code Ann. 5-62-104. The Act changes the prohibition against dog fighting [...]
Find out how to survive a bond hearing.
Posted in Criminal Law on February 5, 2009 | Leave a Comment »
For a well-written article by Justin Eisele about bond hearing procedures, click here.
Jodie L. Hill
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