Latest 4 Cases: Thurston v. Safe Surgery Arkansas (Constitutional Law), Anderson v. Payne (Criminal Law), Kolb v. State (Criminal Law)

The Oprah Interview as a Truth Commission

LESLEY WEXLER

Illinois Law professor Lesley Wexler explains how Oprah’s interview with Prince Harry and Meghan Markle might illuminate how a formal truth commission to deal with legacies of racism and colonialism might function in the British empire. Professor Wexler describes the purpose and function of state-operated truth commissions and notes the similarities and differences between those and the interview.

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Thurston v. Safe Surgery Arkansas

Citation: 2021 Ark. 55

Opinion Date: March 11, 2021

Judge: Karen R. Baker

Areas of Law: Constitutional Law, Election Law

The Supreme Court affirmed the judgment of the circuit court granting Petitioners' request for a preliminary injunction and finding that the entirety of Ark. Code Ann. 7-9-601(b) is unconstitutional, holding that the circuit court did not abuse abuse its discretion in granting the preliminary injunction. Petitioners filed a complaint arguing that section 7-9-601(b)'s requirements requiring sponsors of initiatives to obtain federal background checks from the Arkansas State Police are unconstitutional and should be enjoined. The circuit court granted Petitioners' request for a preliminary injunction, finding that the entirety of section 7-9-601(b) is unconstitutional and enjoining Respondents from applying its provisions. The Supreme Court affirmed, holding that the circuit court did not abuse its discretion in determining that Petitioners demonstrated a likelihood of success on the merits and that irreparable harm would result in the absence of an injunction.

Anderson v. Payne

Citation: 2021 Ark. 53

Opinion Date: March 11, 2021

Judge: Kemp

Areas of Law: Criminal Law

The Supreme Court denied Petitioner's pro se motion to recall the mandate issued by the Supreme Court on direct appeal, his petition for a writ of habeas corpus, and his motion for joinder of claims, holding that Petitioner was not entitled to relief. Petitioner was convicted of capital murder and sentenced to a term of life imprisonment. The Supreme Court affirmed. In his motion to recall the mandate, Petitioner challenged the sufficiency of the evidence supporting his conviction and also brought a Brady claim. The Supreme Court denied relief, holding (1) Petitioner did not establish extraordinary circumstances sufficient to recall the mandate; (2) Petitioner must file his writ of habeas corpus in the circuit court; and (3) Petitioner did not establish that he was entitled to joinder of claims.

Kolb v. State

Citation: 2021 Ark. 58

Opinion Date: March 11, 2021

Judge: Webb

Areas of Law: Criminal Law

The Supreme Court affirmed the judgment of the circuit court denying Appellant's motion for a directed verdict, holding that the circuit court did not err in denying the motion. After a jury trial, Appellant was convicted of possession of methamphetamine and drug paraphernalia. On appeal, Appellant argued that the circuit court erred in denying her motion for a directed verdict because the State failed to prove that she possessed a "usable amount" of methamphetamine. The Supreme Court affirmed, holding that the circuit court properly denied Appellant's motion for a directed verdict.

Calhoun v. Area Agency on Aging of Southeast Arkansas

Citation: 2021 Ark. 56

Opinion Date: March 11, 2021

Judge: Hudson

Areas of Law: Government & Administrative Law, Labor & Employment Law, Personal Injury

The Supreme Court reversed the decision of the Arkansas Workers' Compensation Commission that Appellant was not entitled to a wage-loss award in addition to his impairment rating because Area Agency on Aging of Southeast Arkansas (AAA) extended to him a bona fide offer of employment, holding that substantial evidence did not support the Commission's decision. Appellant was driving an AAA van that overturned, injuring Appellant. An ALJ determined that Appellant was entitled to a sixty percent wage-loss award and that Appellees made no bona fide job offer of employment because the position and wages were not clear. The Commission reversed, concluding that any wage-loss award was precluded because AAA made a bona fide and reasonable obtainable job offer. The Supreme Court reversed, holding that AAA did not meet its burden to prove that Appellant was offered employment at wages equal to or greater than his average weekly wage at the time of the accident.