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- "parade of horribles"; convictions overturned by evidence of innocence; actual innocence; factual innocence; new-trial motions; petition for state writ of habeas corpus; petition for relief from an illegal sentence; petition for Rule 37 relief; petition for writ of error coram nobis; petition for federal habeas corpus relief; executive clemency; legislative reform; expansion of existing extraordinary writs; relief through state constitutional provisions; promulgation of rules by Arkansas Supreme Court (1)
- "purposeful" mental state (1)
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- 18 U.S.C. Section 1001 (1)
Articles 1 - 30 of 72
Full-Text Articles in Law
Criminal Law—Federal Conspiracy Law—Changing The Withdrawal Standard For Members Of A Conspiracy, Matthew N. Rose
Criminal Law—Federal Conspiracy Law—Changing The Withdrawal Standard For Members Of A Conspiracy, Matthew N. Rose
University of Arkansas at Little Rock Law Review
No abstract provided.
Criminal Law—The Federal Sentencing Guidelines: Examining The Physical Restraint Sentencing Enhancement, Drew Curtis
Criminal Law—The Federal Sentencing Guidelines: Examining The Physical Restraint Sentencing Enhancement, Drew Curtis
University of Arkansas at Little Rock Law Review
No abstract provided.
Moving The Needle: Two Promising Tools To Attack Arkansas’S Racial Disparity In Criminal Sentencing, Anastasia M. Boles
Moving The Needle: Two Promising Tools To Attack Arkansas’S Racial Disparity In Criminal Sentencing, Anastasia M. Boles
University of Arkansas at Little Rock Law Review
No abstract provided.
Disappearing Act: Arkansas’S Circularly-Defined Default, Judge Victor A. Fleming
Disappearing Act: Arkansas’S Circularly-Defined Default, Judge Victor A. Fleming
University of Arkansas at Little Rock Law Review
No abstract provided.
Criminal Law—The Call For An Adequate Remedy: The Lack Of Deterrence And Judicial Consequences For Prosecutors Who Habitually Violate Batson, Altimease Lowe
Criminal Law—The Call For An Adequate Remedy: The Lack Of Deterrence And Judicial Consequences For Prosecutors Who Habitually Violate Batson, Altimease Lowe
University of Arkansas at Little Rock Law Review
No abstract provided.
Criminal Law—Rush To Judgment: Arkansas's Troubling Interpretation Of Dna Statutory Law, Michael Pollock
Criminal Law—Rush To Judgment: Arkansas's Troubling Interpretation Of Dna Statutory Law, Michael Pollock
University of Arkansas at Little Rock Law Review
No abstract provided.
Criminal Law—When The Pillow Talks: Arkansas's Rape Shield Statute Bars Dna Evidence Excluding The Defendant As The Source Of Semen. Thacker V. State, 2015 Ark. 406, 474 S.W.3d 65., Lacon Marie Smith
University of Arkansas at Little Rock Law Review
No abstract provided.
Juror Assessment Of Certainty About Firearms Identification Evidence, Sarah L. Cooper, Paraic Scanlon
Juror Assessment Of Certainty About Firearms Identification Evidence, Sarah L. Cooper, Paraic Scanlon
University of Arkansas at Little Rock Law Review
No abstract provided.
Criminal Law—A Formal Exercise Of Governmental Corruption: Applying The “Stream Of Benefits” Theory To The Federal Bribery Statute. Mcdonnell V. United States, 136 S. Ct. 2355 (2016)., Taylor Williams
University of Arkansas at Little Rock Law Review
No abstract provided.
Constitutional Law—Fourth Amendment Search And Seizure—We've Got Ourselves In A Pickle: The Supreme Court Of Arkansas's Recent Expansion Of Fourht Amendment Rights May Have Unintended Consequences. Pickle V. State, 2015 Ark. 286, 466 S.W. 3d 410, Ben Honaker
University of Arkansas at Little Rock Law Review
No abstract provided.
Not Fit To Be Tried: Due Process And Mentally-Incompetent Criminal Defendants, J. Thomas Sullivan
Not Fit To Be Tried: Due Process And Mentally-Incompetent Criminal Defendants, J. Thomas Sullivan
University of Arkansas at Little Rock Law Review
A mentally-impaired accused who cannot comprehend the nature of the proceedings or assist his counsel in presenting his defense to the criminal charge cannot be tried as a matter of due process of law. In Jackson v. Indiana, 1 the United States Supreme Court held that due process concerns also bar the never-ending jeopardy resulting from an inability to restore an impaired accused to competence for purposes of proceeding to trial. When an Arkansas circuit court ordered the dismissal of pending criminal charges against an impaired accused who could not be restored to fitness for trial, the Arkansas Supreme Court, …
Criminal Law—When Apples Tatse Like Oranges, You Cannot Judge A Book By Its Cover: How To Fight Emerging Synthetic "Designer" Drugs Of Abuse, Andrew Payne Norwood
Criminal Law—When Apples Tatse Like Oranges, You Cannot Judge A Book By Its Cover: How To Fight Emerging Synthetic "Designer" Drugs Of Abuse, Andrew Payne Norwood
University of Arkansas at Little Rock Law Review
No abstract provided.
Criminal Law—Sentencing Juveniles—Where Do We Go From Here? Mandatory Sentencing And Retroactive Application Post-Miller. Miller V. Alabama, 132 S. Ct. 2455 (2012)., Nikki Morris
University of Arkansas at Little Rock Law Review
No abstract provided.
Criminal Law—Human Trafficking—Arkansas’S Human Trafficking Laws: Steps In The Right Direction Or A False Sense Of Accomplishment?, Mary Ward
University of Arkansas at Little Rock Law Review
No abstract provided.
Crapping Out With Crime Statistics, Robert Steinbuch
Crapping Out With Crime Statistics, Robert Steinbuch
University of Arkansas at Little Rock Law Review
No abstract provided.
Criminal Law—Teenage Sexting In Arkansas: How Special Legislation Addressing Sexting Behavior In Minors Can Salvage Arkansas's Teens' Futures, Sidney L. Leasure
Criminal Law—Teenage Sexting In Arkansas: How Special Legislation Addressing Sexting Behavior In Minors Can Salvage Arkansas's Teens' Futures, Sidney L. Leasure
University of Arkansas at Little Rock Law Review
Sexting is defined as sending sexually explicit images or messages via cell phones. Albeit questionable, sexting is legal between consenting adults. However, there are many consequences of sexting that may not be considered by teenagers who sext. Beyond ridicule, punishment by parents or schools, and the eternal lifespan of digital content, there can be harsh legal consequences for sexting teens. These consequences vary from state to state, but include felony convictions for child pornography and the resulting consequence of being required to register as a sex offender. Often, such convictions can affect college acceptances and career choices.
In order to …
Criminal Law—No Stitches For Snitches: The Need For A Duty-To-Report Law In Arkansas, Breanna Trombley
Criminal Law—No Stitches For Snitches: The Need For A Duty-To-Report Law In Arkansas, Breanna Trombley
University of Arkansas at Little Rock Law Review
It is difficult to get witnesses of brutal crimes to step up and act. This article argues that every state, including Arkansas, would be well served by implementing laws that would require individuals to notify law enforcement officials when they witness certain offenses.
First, the note discusses the common law history of the no-duty-to-aid principle, as well as duty-to-assist laws in other jurisdictions and current Arkansas reporting statutes. Next, the note examines the need for a specific duty-to-report in Arkansas. Then, a duty-to-report statute is proposed for consideration by the Arkansas Legislature. Thereafter, the note addresses imposition of both civil …
The Invalidity Of A Plea Of Guilty To A Criminal Offense Made By Video Teleconferencing When The Defendant Is Not Present In Open Court, William R. Simpson Jr., Clint Miller, David Sudduth
The Invalidity Of A Plea Of Guilty To A Criminal Offense Made By Video Teleconferencing When The Defendant Is Not Present In Open Court, William R. Simpson Jr., Clint Miller, David Sudduth
University of Arkansas at Little Rock Law Review
A guilty plea by a defendant is more than an admission of conduct; it is the nail in the coffin that closes the case and results in conviction. Despite the critical importance of this moment, Arkansas district and circuit courts are more commonly taking guilty pleas from defendants by video teleconferencing (VTC) instead of requiring defendants to be physically present in the courtroom. This essay sets forth three separate arguments in support of the notion that a guilty plea to a criminal offense by VTC without the defendant being present in open court is invalid as a matter of Arkansas …
Setting The Record Straight On State V. John Ingram Purtle: Reflections On The Great Dissenter, Samuel A. Perroni
Setting The Record Straight On State V. John Ingram Purtle: Reflections On The Great Dissenter, Samuel A. Perroni
University of Arkansas at Little Rock Law Review
No abstract provided.
Constitutional Law—It Wasn’T Me! Zinger V. State And Arkansas’S Unconstitutional Approach To Third-Party Exculpatory Evidence. Zinger V. State, 313 Ark. 70, 852 S.W.2d 320 (1993)., Bourgon B. Reynolds
Constitutional Law—It Wasn’T Me! Zinger V. State And Arkansas’S Unconstitutional Approach To Third-Party Exculpatory Evidence. Zinger V. State, 313 Ark. 70, 852 S.W.2d 320 (1993)., Bourgon B. Reynolds
University of Arkansas at Little Rock Law Review
No abstract provided.
Are 'Voices For Justice' Heard: A Star-Studded Rally On Behalf Of The West Memphis Three Prompts The Delicate Question, Mara Leveritt
Are 'Voices For Justice' Heard: A Star-Studded Rally On Behalf Of The West Memphis Three Prompts The Delicate Question, Mara Leveritt
University of Arkansas at Little Rock Law Review
No abstract provided.
Criminal Law - Evidence Of Inactive Drug Metabolites In Dui Cases: Using A Proximate Cause Analysis To Fill The Evidentiary Gap Between Prior Drug Use And Driving Under The Influence, Matthew C. Rappold
University of Arkansas at Little Rock Law Review
No abstract provided.
Criminal Law—No Right To Revoke And Avoid Search-Ninth Circuit Rules That Consent To Airport Screening Cannot Be Revoked In An Administrative Search. United States V. Aukai, 497 F.3d 955 (9th Cir. 2007)., Bethany A. Gulley
University of Arkansas at Little Rock Law Review
No abstract provided.
Criminal Law - The Supreme Court Expands The Witt Principles To Exclude A Juror Who Would Follow The Law. Uttecht V. Brown, 127 S. Ct. 2218 (2007)., Brooke A. Thompson
Criminal Law - The Supreme Court Expands The Witt Principles To Exclude A Juror Who Would Follow The Law. Uttecht V. Brown, 127 S. Ct. 2218 (2007)., Brooke A. Thompson
University of Arkansas at Little Rock Law Review
No abstract provided.
Constitutional Law & Criminal Law - The Eighth Amendment - The Juvenile Death Penalty: A Premature Decision Over Teenage Immaturity? Roper V. Simmons, 543 U.S. 551 (2005)., J. Blake Byrd
University of Arkansas at Little Rock Law Review
The final clause of the Eighth Amendment is the source of this nation's prohibition on unconstitutional punishment. Today, the Supreme Court's evolving-standard on the prohibition on unconstitutional punishment has two steps: The Court (1) looks at objective indicia of societal consensus against a particular practice and (2) ultimately uses its independent judgment to analyze whether the punishment is proportional to the offender's mental state and category of crime. There is tension within the Court, however, because some members believe that the evolving-standards jurisprudence is mistaken, and they fervently reject a proportionality analysis.
The United States has a long history of …
Criminal Law—The Sixth Amendment And The Right To Trial By Jury—Where Do We Go From Here?: The United States Supreme Court Examines The Federal Sentencing Guidelines. United States V. Booker, 543 U.S. 220 (2005)., Brian M. Clary
University of Arkansas at Little Rock Law Review
No abstract provided.
Criminal Law—The Sixth Amendment Right To Counsel—The Supreme Court Minimizes The Right To Effective Assistance Of Counsel By Maximizing The Deference Awarded To Barely Competent Defense Attorneys. Florida V. Nixon, 125 S. Ct. 551 (2004)., Jennifer Williams
University of Arkansas at Little Rock Law Review
No abstract provided.
Constitutional Law—The Fourth Amendment Challenge To Dna Sampling Of Arrestees Pursuant To The Justice For All Act Of 2004: A Proposed Modification To The Traditional Fourth Amendment Test Of Reasonableness, Kimberly A. Polanco
University of Arkansas at Little Rock Law Review
No abstract provided.
Evidence—Sixth Amendment And The Confrontation Clause—Testimonial Trumps Reliable: The United States Supreme Court Reconsiders Its Approach To The Confrontation Clause. Crawford V. Washington, 541 U.S. 36 (2004)., Kristen Sluyter
University of Arkansas at Little Rock Law Review
No abstract provided.
Constitutional Law—Fourth Amendment—Knock And Announce: The Ninth Circuit Knocks And The Supreme Court Announces A Re-Emphasis On The Case-By-Case Analysis.United States V. Banks, 540 U.S. 31 (2003), Erin Elizabeth Cassinelli
Constitutional Law—Fourth Amendment—Knock And Announce: The Ninth Circuit Knocks And The Supreme Court Announces A Re-Emphasis On The Case-By-Case Analysis.United States V. Banks, 540 U.S. 31 (2003), Erin Elizabeth Cassinelli
University of Arkansas at Little Rock Law Review
No abstract provided.