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Eighth Circuit Announces Presidential Commutation Does Not Moot Challenge to Underlying Sentence
Article • January 1, 2026 • from CLN February, 2026
Filed under: Pardons/Clemency, First Step Act, Qualifying Offenses, Sentence Enhancements/Departures, Authority and Jurisdiction
Eighth Circuit Announces Presidential Commutation Does Not Moot Challenge to Underlying Sentence by Richard Resch by Richard Resch In a case presenting an issue of first impression in the Circuit, the United States Court of Appeals for the Eighth Circuit held that a presidential commutation of a defendant’s sentence does …
NEWS IN BRIEF
Article • November 15, 2025 • from CLN December, 2025
NEWS IN BRIEF by Alabama: The U.S. District Court for the Northern District of Alabama sentenced former Centre Police Department (CPD) Off. Michael Kilgore, 41, to four years in federal prison on October 8, 2025, after he pleaded guilty to conspiracy to distribute methamphetamine in a wild evidence-­planting scheme to …
USA v. Arkansas Division of Correction, AR, Settlement, ADA Violation, 2025
Brief • September 5, 2025
Filed under: Americans with Disabilities Act
USA v. Arkansas Division of Correction, AR, Settlement, ADA Violation, 2025 SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE ARKANSAS DIVISION OF CORRECTION DJ NO. 204-10-41 I. BACKGROUND 1. The parties to this Settlement Agreement are the United States of America (United States) and the Arkansas Division of …
News in Brief
Article • July 1, 2025 • from CLN July, 2025
Filed under: Misconduct/Corruption, Pepper Spray/Tear Gas, Shootings, Dogs, Police--Excessive Force, Brady Violations, Home Search, Bribery/Extortion/Theft, Brady Rule violations, Perjury/Perjured Testimony
News in Brief by Arkansas: The downward spiral of former Hot Spring County Sheriff Derek “Scott” Finkbeiner, 47, continued with his fourth arrest on May 2, 2025, reported KATV out of Little Rock. The arrest stemmed from Finkbeiner’s attempt to contact a witness, co-­defendant Jordan Hammond, through the Signal app, …
Arkansas Supreme Court Rules § 16-93-609(b)(2)(B), Relating to Parole Eligibility for Residential Burglary Conviction, Applies Retroactively to Defendant
Article • April 15, 2025 • from CLN May, 2025
Filed under: U.S. Sentencing Guidelines, Resentencing, Bank Fraud/Robbery/Theft, Probation, Parole & Supervised Release, Eligibility for Parole
Arkansas Supreme Court Rules § 16-93-609(b)(2)(B), Relating to Parole Eligibility for Residential Burglary Conviction, Applies Retroactively to Defendant by Sagi Schwartzberg by Sagi Schwartzberg The Supreme Court of Arkansas, in two companion cases, held that there was no designation in Appellant’s sentencing order to § 16-93-609 of the Arkansas Code Annotated …
NEWS IN BRIEF
Article • March 15, 2025 • from CLN April, 2025
Filed under: News in Brief
NEWS IN BRIEF by Alabama: On February 19, 2025, a grand jury called for the immediate abolition of the Hanceville Police Department for its “rampant culture of corruption” that turned it into a criminal enterprise. The New York Post reported that an investigation followed the death of dispatcher Christopher Willingham, …
HRDC v. Baxter County, AR, Censorship, Appeal, 2025
Filing • February 24, 2025
Filed under: Settlements, Censorship, HRDC Litigation
HRDC v. Baxter County, AR, Censorship, Appeal, 2025 United States Court of Appeals For the Eighth Circuit ___________________________ No. 23-1888 ___________________________ Human Rights Defense Center Plaintiff - Appellee v. Baxter County, Arkansas Defendant - Appellant -----------------------------Clark-Fox Family Foundation; The Marshall Project; Prison Journalism Project; Arch City Defenders; Missourians to Abolish …
Arkansas Supreme Court Announces Petition for Testing Forensic Evidence Based on Advances in Technology Under Act 1780 of 2001 May Be Filed by Anyone Convicted of a Crime, Not Just Those Still in Stat...
Article • December 1, 2024 • from CLN December, 2024
Filed under: Forensic Sciences, Evidence - Admissibility
Arkansas Supreme Court Announces Petition for Testing Forensic Evidence Based on Advances in Technology Under Act 1780 of 2001 May Be Filed by Anyone Convicted of a Crime, Not Just Those Still in State Custody by Anthony Accurso by Anthony W. Accurso The Supreme Court of Arkansas held that courts …
U.S. Supreme Court Announces § 2255(e)’s ‘Saving Clause’ Does Not Enable Prisoners to File § 2241 Petition Based on AEDPA’s Rule Against Second or Successive § 2255 Motions
Article • October 1, 2023 • from CLN October, 2023
Filed under: New Trial Motions, AEDPA
U.S. Supreme Court Announces § 2255(e)’s ‘Saving Clause’ Does Not Enable Prisoners to File § 2241 Petition Based on AEDPA’s Rule Against Second or Successive § 2255 Motions by Douglas Ankney by Douglas Ankney Resolving a split among the U.S. Courts of Appeals, the Supreme Court of the United States …
Floreal-Wooten v. Washington County Detention Center, AK, Settlement, Medical Treatments-Covid, 2023
Brief • September 14, 2023
Filed under: Consent to Treatment, Forcible Treatment, COVID-19
Floreal-Wooten v. Washington County Detention Center, AK, Settlement, Medical Treatments-Covid, 2023 SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS For and in consideration of the payment of the total and final sum of TEN THOUSAND DOLLARS ($10,000.00), to be paid in the following manner: TWO THOUSAND DOLLARS I ($2,000.00) paid to …
Arkansas Supreme Court Reverses 11 Counts of Possession of Child Pornography Because CGI Images Do Not Depict Image of a Child
Article • June 15, 2023 • from CLN July, 2023
Filed under: Possession of Pornography, Child Pornography
Arkansas Supreme Court Reverses 11 Counts of Possession of Child Pornography Because CGI Images Do Not Depict Image of a Child by Douglas Ankney by Douglas Ankney The Supreme Court of Arkansas reversed the convictions against Jeremey Lewis on 11 counts of “distributing, possessing or viewing matter depicting sexually explicit …
News in Brief
Article • May 15, 2023 • from CLN June, 2023
Filed under: News in Brief
News in Brief by Arkansas: The DOJ announced on Jan. 24, 2023, that two former police officers in Crawford County were charged with excessive use of force after beating a man at a gas station. The New York Times reported that the two former officers, Zackary King and Levi White, …
Eighth Circuit Announces ‘Probable Cause’ Is Proper Standard for Determining Whether Parolee Resides at Third-Party’s Residence for Purposes of Warrantless Searches
Article • March 15, 2023 • from CLN April, 2023
Filed under: housing, Probable/Proximate Cause, Conditions of
Eighth Circuit Announces ‘Probable Cause’ Is Proper Standard for Determining Whether Parolee Resides at Third-Party’s Residence for Purposes of Warrantless Searches by Anthony Accurso by Anthony W. Accurso The U.S. Court of Appeals for the Eighth Circuit upheld a suppression motion relating to the warrantless search of a home where …
News in Brief
Article • October 15, 2022 • from CLN November, 2022
Filed under: News in Brief
News in Brief by Arkansas: A Mulberry police officer and two sheriff’s deputies from Crawford County were suspended after a video surfaced appearing to show them beating a man suspected of making violent threats. Maine Public Radio reported that the three officers were videoed by a bystander as they held …
Hayes v. Graves, AR, Order, Covid Relief Payments, 2022
Brief • March 16, 2022
Filed under: COVID-19
Hayes v. Graves, AR, Order, Covid Relief Payments, 2022 Case: 4:21-cv-00529-LPR Document#: 23-0 Filed: 03/16/2022 Page 1 of 24 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS CENTRAL DIVISION PLAINTIFF STEVEN C. HAYES, ADC # 657050 v. Master Case: 4:21-cv-00347-LPR Member Case: 4:21-cv-00347-LPR SOLOMON GRAVES, in his official …
Floreal-Wooten v. Washington County Detention Center, AK, Complaint, Medical Treatments-Covid, 2022
Brief • January 13, 2022
Filed under: Consent to Treatment, Forcible Treatment, COVID-19
Floreal-Wooten v. Washington County Detention Center, AK, Complaint, Medical Treatments-Covid, 2022 Case 5:22-cv-05011-TLB-CDC Document 2 Filed 01/13/22 Page 1 of 14 PageID #: 3 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISION EDRICK FLOREAL-WOOTEN; JEREMIAH LITTLE; JULIO GONZALES; DAYMAN BLACKBURN v. PLAINTIFFS Case No. 5:22-cv-05011-TLB-CDC WASHINGTON COUNTY DETENTION …
University of Arkansa Law Review - Spring 2021
Publication • 2021
Filed under: Prison Rape Elimination Act
University of Arkansa Law Review - Spring 2021 U N I V E R S I T Y O F A R K A N S A S AT L I T T L E R O C K LAW REVIEW ARTICLES Diagrammatics and the Proactive Visualization of Legal Information …
Arkansas Supreme Court: Unborn Child Not a ‘Person’ Under Sentencing Enhancement Scheme
Article • April 15, 2021 • from CLN May, 2021
Filed under: Murder/Felony Murder, Sentence Enhancements/Departures
Arkansas Supreme Court: Unborn Child Not a ‘Person’ Under Sentencing Enhancement Scheme by Anthony Accurso by Anthony Accurso In an opinion delivered December 10, 2020, the Supreme Court of Arkansas held that the definition of a “person” used for aggravating factors at sentencing does not include an unborn child. On …
News in Brief
Article • April 15, 2021 • from CLN May, 2021
Filed under: News in Brief
News in Brief by Arizona: A week after he was shot chasing a suspect, an off-duty police officer from Alberquerque, New Mexico, was arrested on February 21, 2021, for aggravated DWI. According to a report by local TV station KRQE, Officer Fouad Cherair, 29, was found by police in the …
Eighth Circuit Affirms Habeas Relief, Finds Arkansas Supreme Court Wrongly Denied Defendant’s Self-Representation Request
Article • January 15, 2021 • from CLN February, 2021
Filed under: Eighth Amendment, Habeas Corpus, Self-representation
Eighth Circuit Affirms Habeas Relief, Finds Arkansas Supreme Court Wrongly Denied Defendant’s Self-Representation Request by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Eighth Circuit affirmed the grant of habeas corpus relief on December 18, 2020, agreeing that the Arkansas Supreme Court wrongly denied a defendant’s …
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