Arkansas Supreme Court Kicks Off 2011-12 Term; Celebrates 175th Birthday

Arkansas Supreme Court
(Arkansas Supreme Court Photo)

The Arkansas Supreme Court kicked off its 2011-12 term with its first oral argument in the old Supreme Court Chamber at the Arkansas State Capitol and a birthday celebration at the Arkansas Supreme Court.  This week marks the 175th birthday of the Arkansas Supreme Court.

The Court handed down its first decisions for its new term on Thursday, September 8, 2011.  Five cases were submitted to the Court for decision on Thursday, September 8, 2011.  Of those five cases, one is a criminal appeal and four are civil matters.

The criminal appeal to be decided by the Arkansas Supreme Court this week, Lemuel Session Whiteside v. State of Arkansas, was the case that was argued orally on Thursday, September 8, 2011, in the Old Supreme Court Chamber at the State Capitol Building.  Attorney Tom Sullivan represented the appellant, an Arkansas teenager who is serving a life sentence for capital murder.  Sullivan argued that the sentence was unconstitutional because the appellant was a minor at the time of the crime and he did not fire the fatal shot.  The Arkansas Supreme Court is expected to hand down a decision in Whiteside, as well as in the civil cases submitted to the Court this week, within the next month.

No Streaming Video Feed of Today’s Arkansas Supreme Court Oral Argument in Texarkana

The Arkansas Supreme Court is conducting its oral argument this morning in Texarkana, Arkansas, at the Arkansas High School Student Union.  The case to be argued is Brandon Lacy v. State (CR09-1340).  Because this case is not being argued in the Supreme Court’s courtroom (where the video cameras for live streaming online videos are installed), there will be no video feed of today’s oral argument.

Today’s oral argument in Texarkana marks only the eleventh time in modern times that the Arkansas Supreme Court has held court away from Little Rock.  Amendment 80 to the Arkansas Constitution, which was adopted in 2000, provides that the Supreme Court may meet at such times and places as designated by the Court.  For more information on today’s event, which is open to the public, view the press release issued by the Administrative Office of the Courts.

UPDATE: West Memphis 3 Case to be Argued September 30th at Arkansas Supreme Court (Live Video Stream Available)

The Arkansas Supreme Court will hear oral arguments on September 30, 2010, in the case of Damien Wayne Echols v. State of Arkansas

A notice issued today by the Administrative Office of the Courts provides that although seating will be limited in the courtroom itself, there will be an overflow room set up at the Justice Building to accommodate those who wish to attend the argument in person and who are unable to get a seat in the courtroom.  The notice also reminds the public that the arguments can be viewed live online through the Court’s new video feed of oral arguments. 

To view the oral argument live from your computer, visit the Oral Argument Video page at the Arkansas Judiciary Website or click on the link to that page at the top of the sidebar to your right (under Live Feed of Oral Arguments).  

Today’s notice also provides that on September 30, 2010, the Justice Building will be open at 7:30 a.m. and seating will be on a first-come, first-served basis, with only 15 seats reserved for the media.  The following rules will be enforced for those in attendance at the September 30th oral argument:

  • Everyone who enters the building must go through security.
  • No signs, shirts, buttons, or other displays in support of or against any party in this case or related cases will be allowed (anyone wishing to hold signs or other information must do so outside, although the streets, sidewalks, and entrances must remain unobstructed).
  • No weapons of any kind will be permitted.
  • No cameras or recording devices will be permitted in the courtroom.
  • No umbrellas allowed.
  • No buttons, shirts, or signs supporting any party involved in a case will be permitted.
  • No campaign material permitted.
  • Phones must be turned off in the courtroom.

The William H. Bowen School of Law plans to stream the arguments in the Echols case in the Friday Courtroom on September 30, 2010.  The law school’s event will be open to the public.

UPDATE:  On November 4, 2010, the Arkansas Supreme Court handed down its opinion in the West Memphis 3 cases.  The Court reversed and remanded for an evidentiary hearing and reconsideration of the motion in light of the proper interpretation of the statutes. See Arkansas Supreme Court: West Memphis 3 Cases Reversed and Remanded.