Author: Tasha C. Taylor

Tasha C. Taylor is an Arkansas Appellate Lawyer and Personal Injury Lawyer and a Partner at Taylor and Taylor Law Firm, P.A.

Arkansas Supreme Court Ignores Argument in Appeal of Lower Court Decision Where Only One Basis for the Lower Court Ruling Was Properly Challenged on Appeal

~ Tasha C. Taylor

In its January 15, 2009 decision in Emilia Duke v. Shinpaugh (Case No. 08-311), the Arkansas Supreme Court ruled that “where the circuit court based its decision on two independent grounds and appellant challenges only one on appeal, the appellate court will affirm without addressing either.”

It was clear in that case that the circuit court judge had based its decision on two clearly independent grounds.  The Arkansas Supreme Court clarified that  its standard of review on appeal from a bench trial is whether the lower court’s findings were clearly erroneous or clearly against the preponderance of the evidence.  Under that standard of review, the Arkansas Supreme Court determined that it was precluded from addressing the appellant’s assertions of error because the appellant had failed to challenge both independent grounds for the circuit court’s decision.

Appellate Practice Tip–Perfecting Your Citations

~ Tasha C. Taylor ~ 1 Comment

This week’s tip concerning how to perfect your citations is one way to make your brief stand out among the hundreds of pages of appellate briefs read by Appellate Court Judges and Law Clerks each week.  Your readers will appreciate your efforts to make your citations comply with the same guide they use in drafting the opinions that you read.

The House Style Guide, which is prepared and provided free online by the Reporter of Decisions–the Court’s legal editor–is an excellent resource that provides the following categories of citations, which are frequently used by Appellate Attorneys:

Arkansas Citations
Federal Citations
Miscellaneous Citations
State Reporter Citations

If you ever plan on drafting an appellate court brief, be sure to bookmark this site that is sure to help you perfect your cites.

Appellate Court Rule Changes for Criminal Appeals–Effective October 1, 2008

~ Tasha C. Taylor ~ Leave a comment

The Arkansas Supreme Court handed down a per curiam decision today (September 18, 2008), that will result in changes to the following three rules, effective October 1, 2008: (1) Rule 4-3 of the Rules of the Supreme Court and Court of Appeals; (2) Rule 4 of the Arkansas Rules of Appellate Procedure-Criminal; and (3) Rule 24.3 of the Rules of Criminal Procedure.

Changes to Ark. Sup. Ct.R. 4-3–Briefs in Criminal Cases: The addition of subsection (f) provides that briefs containing “photographs, DVDs, or any other visual medium” that is alleged by either party to be child pornography must be sealed.  It is the responsibility of counsel on appeal to file a motion to seal the brief that must accompany the brief when it is filed with the Clerk of the Court.  Subsection (f) also prohibits anyone other than the court, its personnel, and the attorneys of record from receiving a copy of the brief that contains the materials to be sealed.

* The addition of subsection (f) resulted in the renumbering of the subsequent subsections–this means that the Court’s review of errors in death or life imprisonment cases will now be referred to as a Rule 4-3(i) review rather than a 4-3(h) review.

Changes to Ark. R. App. P.–Crim. R. 4–Time for filing record, contents of record: Three subsections have been added to this rule–(b), (c), (f).  Subsections (b) and (c) provide a method for obtaining an extension of time to file a record in a criminal appeal.  This method now allows a circuit court to grant a motion by a Defendant/Appellant who requests an extension to file the record where both sides consent to the extension.  Pursuant to subsection (f), the same extension is not so easily obtained where the state is the Appellant, as subsection (f) provides that subsections (b) and (c) don’t apply to an appeal by the state.

Change to Ark. R. Crim. P. 24.3–Pleading by the Defendant: The only change here is the addition of a new Conditional Plea Form for use with Rule 24.3(b).

Arkansas Supreme Court Week in Review–Court Kicks Off 2008-09 Term; Honors 21 Years of Service by the Honorable Justice Tom Glaze

~ Tasha C. Taylor ~ 1 Comment

The 2008-09 term of the Arkansas Supreme Court is officially underway.  The short week started with the appointment by Governor Beebe of the new Supreme Court Justice Elana Wills on Tuesday to fill the vacancy left by the retirement of Justice Tom Glaze:

The September 4, 2008 Syllabus of the Arkansas Supreme Court reflects decisions on numerous motions and petitions and lists the first six cases submitted to the Court for the 2008-09 term.  Additionally, the Arkansas Supreme Court handed down a signed per curiam order honoring Justice Tom Glaze’s twenty-one years of service to the Arkansas Supreme Court.

Welcome to ArkansasAppeals.com

~ Tasha C. Taylor

Welcome to ArkansasAppeals.com. Our goal is to provide useful information and helpful insight into cases and developments affecting Appellate Practice in Arkansas. Our postings will focus on significant developments in Arkansas law and how those developments affect Appellate Practice. These entries will cover a broad range of substantive law topics, as well as the Rules of Civil and Appellate Procedure.