Thursday, March 29, 2012
Arkansas Courts Court rules sex contact law unconstitutional
Posted by Leslie Newell Peacock on Thu, Mar 29, 2012 at 2:28 PM
In a 4-3 decision, the State Supreme Court dismissed the sexual assault convictions of former Elkins teacher David Paschal, 38, and said a state law that criminalizes sexual contact between teachers and students who are over 18 years old is unconstitutional. "Regardless of how we feel about Paschal’s conduct, which could correctly be referred to as reprehensible, we cannot abandon our duty to uphold the rule of law when a case presents distasteful facts," Chief Justice Jim Hannah wrote in the majority opinion.
Paschal was convicted of four counts of second-degree sexual assault and one count of bribing a witness at a jury trial last year. He was sentenced serve 30 years in prison. One of Paschal's former students testified at that trial that she engaged in a months-long consensual sexual relationship with Paschal when she was 18 and still a student at Elkins.
Read the opinion here.
Hannah, Associate Justice Robert L. Brown Justice Paul E. Danielson, Associate Justice Courtney Hudson Goodson and Associate Justice Donald L. Corbin made up the majority. Associate Justice Karen Baker, Associate Justice Jim Gunter and Justice Paul E. Danielson Associate Justice Robert L. Brown dissented.
Writing for the majority about the state's case, Hannah argued:
The State misapprehends the issue when it asserts that there is no fundamental right for a public high school teacher to have sex with an eighteen-year-old high school student enrolled in that school. The issue is whether the statute, as applied in this case, infringes on Paschal’s fundamental right to engage in private, consensual, noncommercial acts of sexual intimacy with an adult. We hold that it does.
Speaking of...
-
Judge Rhonda Wood to run for Arkansas Supreme Court
June 3, 2013As expected, Arkansas Appeals Court Judge Rhonda Wood will run for the seat on the Arkansas Supreme Court Justice Cliff Hoofman will vacate next year. /more/
-
Arkansas Supreme Court dismisses lottery trademark suit
May 30, 2013The Arkansas Supreme Court today issued a couple of rulings of note: * ARKANSAS LOTTERY: The Supreme Court ruled that the Arkansas Lottery Commission was entitled to soverign immunity from a lawsuit by Alpha Marketing, owned by Ed Dozier, that the state had infringed its trademark for the words Arkansas Lottery, Lottery Arkansas and Arkansas Lotto. /more/
-
Judge Robin Wynne announces for Supreme Court
May 29, 2013Arkansas Court of Appeals Judge Robin Wynne of Fordyce has announced he's running for the state Supreme Court seat vacated by the retiring Justice Donald Corbin. /more/
-
Supreme Court says 1979 Cornish hen theft makes sheriff ineligible to serve
May 23, 2013The Arkansas Supreme Court today reversed a lower court and said Searcy County Sheriff and Collector Kenny Cassell's 1979 conviction on a federal misdemeanor theft charge for stealing Cornish hens from a Tyson's interstate shipment made him ineligible to hold office. /more/
-
Career Education whistleblower's judgment affirmed by Supreme Court
April 25, 2013The Blog reported last year on the case of Bob Means, who sued over his firing from counseling work at the Hot Springs Rehabilitation Center on the order of state Career Education Department Director Bill Walker, communicated though Robert Trevino, then head of state Rehabilitation Services. /more/
-
Supreme Court orders new sentencing for juvenile sentenced to life without parole
April 25, 2013The Arkansas Supreme Court today did as a U.S. Supreme Court ruling required and ordered a new sentencing hearing in Mississippi county for Kuntrell Jackson, sentenced to life in prison without parole when he was 14 as an accomplice to a cousin who killed a store attendant. /more/
-
Former Justice Bob Brown to associate with Friday firm
April 22, 2013Talk Business reports that retired Arkansas Supreme Court Justice Robert Brown is taking an "of counsel" role with the powerful Friday Law Firm. /more/
- More »
Comments (11)
Showing 1-11 of 11
More by Leslie Newell Peacock
-
Bernice Garden sculpture winners announced: Update
Their work won't be unveiled until September, but the winners of the Bernice Garden's annual sculpture contest have been announced.
- Jun 10, 2013
-
Banko: It's not just about dollars: UPDATE
St. Vincent Health CEO Peter Banko said in an interview today that the decision to affiliate with the University of Arkansas for Medical Sciences will not be made on savings alone — the $38 million to $63 million estimated by a Deloitte Consulting study isn’t so great that it’s a deal-maker — but also on the ability of the third-party affiliated entity to expand.
- Mar 28, 2013
- More »
Event Calendar
-
Re: Second teen-age witness testifies in Hastings trial UPDATE
Kudos to Officer Hastings for killing that little carjacking thug Bobby Moore. Evidence is starting…
- on June 19, 2013
-
Re: Teen-age witness testifies in Hastings trial
This kid says 15 feet away and maybe moving forward. Other kid on the new…
- on June 19, 2013
-
Re: The open line — spanking wives for Jesus
Chief Justice of Ark Supreme Court sees threats to Judiciary:
"Arkansas Supreme Court…- on June 19, 2013
Top Commenters
Blogroll
Site Index
News
Cover Story / Arkansas Reporter / The Week That Was / Smart Talk / The Insider / The Observer / Editorial / Max Brantley / Ernest Dumas / Gene Lyons / Bob Lancaster / Words / Guest Writer / Letters
Entertainment
A&E Feature / To-Do List / In Brief / Movie Reviews / Music Reviews / Theater Reviews / A&E News / Art Notes / Graham Gordy / Books / Media / Dining Reviews / Dining Guide / What's Cookin' / Calendar / The Televisionist / Movie Listings / Gallery Listings
This Week's Cover
Quick Links
Special Publications
RSS
Facebook
Twitter
