The Arkansas Supreme Court released two opinions from cases decided on May 30, 2024. One concerns election complaints about Paper Ballots and Absentee Voting. It’s a lawsuit asking the Court to bypass the state’s laws on ballot title submissions and place constitutional amendments on paper ballots and absentee voting on the ballot directly.
The other case concerns a Murder, with the plaintiff/convicted person claiming that the State failed to present substantial evidence that he committed the offenses. Read below for the details and decisions in the cases.
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Citation: 2024 Ark. 97
Opinion Date: May 30, 2024
Judge: WOOD
Areas of Law: Constitutional Law, Election Law
The case involves Conrad Reynolds, Arkansas Voter Integrity Initiative, Inc., and Restore Election Integrity Arkansas (collectively referred to as the petitioners) who filed an original action against John Thurston, in his official capacity as Secretary of State, and the State Board of Election Commissioners (collectively referred to as the respondents). The petitioners submitted two proposed measures to amend the Arkansas Constitution to Attorney General Tim Griffin for approval.
One measure would have required elections to be conducted with paper ballots, and the other would have changed absentee-voting procedures. The Attorney General rejected both measures, citing various reasons such as conflicting provisions, unclear language, and redundancy. The petitioners resubmitted the measures to the Attorney General, the Secretary of State, and the State Board of Election Commissioners for certification, but the Secretary and the Board refused to examine the sufficiency of the ballot titles and popular names.
The petitioners then filed this original-action complaint, asking the court to independently certify the legal sufficiency of the measures’ ballot titles and popular names and order them placed on the November 2024 ballot. They also asked the court to declare Arkansas Code Annotated section 7-9-107 and section 7-9-126(e) unconstitutional, arguing that these sections violate Article 5, section 1 of the Arkansas Constitution.
The Supreme Court of Arkansas dismissed the complaint, ruling that it only has original jurisdiction over the sufficiency of petitions after the Secretary of State has made a sufficiency determination. The court found that the petitioners’ request for a declaration that the statutes are unconstitutional falls outside its original jurisdiction.
The court also noted that the petitioners could have filed a declaratory-judgment action in the circuit court to determine the constitutionality of the statutes.
Attorney General Griffin issued a statement regarding the dismissal, “This unanimous decision is a tremendous victory for the people of Arkansas and the ability of citizens to cast votes on questions that are not vague or misleading. For decades, the Office of Attorney General has had the authority to review ballot title submissions to ensure they have an understandable name and title—as Arkansas law requires.
“I applaud the Court for dismissing this specious and ill-informed attempt to go around state law and place proposed constitutional amendments on the ballot with no review. This second consecutive win at the Supreme Court over the same group challenging our state’s election laws illustrates how Arkansas’s elected officials have passed laws that stand up to scrutiny.
“I congratulate Assistant Attorney General Justin Brascher, who successfully litigated this matter, as well as Deputy Solicitor General Dylan Jacobs and Assistant Solicitor General Michael Cantrell for their assistance on securing this unanimous decision.”
Click to read the details of this opinion.
Also on May 30, 2024, the Arkansas Supreme Court affirmed a lower court’s decision concerning Mr. Corey Jeffery, convicted of killing Christopher Haynes. Read the details and decision below.
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Citation: 2024 Ark. 96
Opinion Date: May 30, 2024
Judge: JOHN DAN KEMP
Areas of Law: Criminal Law
The case revolves around Corey Jeffery, who was convicted of capital murder and first-degree unlawful discharge of a firearm from a vehicle by the Arkansas County Circuit Court.
The victim, Christopher Haynes, was found dead in his car at his workplace, Riceland Foods plant. The investigation led to the identification of a Dodge Ram truck, distinctive in its features, which was likely involved in the homicide. Mr. Jeffery and Jonathan Dabner were identified as suspects, with Dabner pleading guilty in a separate case to unlawful discharge of a firearm from a vehicle.
Evidence against Jeffery included a .40-caliber Smith & Wesson bullet found in the truck, a receipt for the purchase of a .40-caliber handgun and ammunition, and video footage of Jeffery and Dabner at the gun store. Jeffery’s wife testified about an alleged affair between her and the victim, which had caused friction in their marriage.
The trial court denied Jeffery’s motions for directed verdict, and the jury convicted him of capital murder and first-degree unlawful discharge of a firearm from a vehicle. He was sentenced to life imprisonment plus seventy years with an enhancement of fifteen years on each count for committing a felony with a firearm.
Jeffery appealed, arguing that the circuit court erred in denying his motions for directed verdict, claiming that the State failed to present substantial evidence that he committed the offenses.
The Supreme Court of Arkansas affirmed the lower court’s decision. The court found substantial evidence supporting the convictions, including Jeffery’s access to a .40-caliber handgun, his presence at the crime scene, and his attempt to silence a witness.
The court concluded that the jury could have reached a conclusion with reasonable certainty, without resorting to speculation or conjecture, that Jeffery discharged a firearm from a vehicle, causing Haynes’s death under circumstances manifesting extreme indifference to the value of human life.
Click to read the details of this opinion.
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