Arkansas Times

Tuesday, December 15, 2009 - 09:25:34

Considerable Assets At Stake

So when you get divorced, both husband and wife fill out an "Affidavit of Financial Means" in which they list assets and debts. If the husband has a car worth $5,000 and the wife has a car worth $25,000, that will be taken in consideration when dividing other assets and debts. So the question pending before the North Dakota Supreme Court is this: Should breast implants be considered an asset ? If the couple borrowed $6,000 on a joint credit card to get the wife breast implants - should that debt be divided between them evenly - or should she be primarily responsible because, obviously, she gets the long term benefits?

I have a simple solution to this problem. I think the ex-husband should get visitation rights.

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Monday, December 14, 2009 - 21:12:22

Pagans: 1 Grinch: 0

The Arkansas Freethinkers won their battle against Charlie "Grinch" Daniels today when they were granted an injunction to force the State Capitol to allow them to put a decoration on the capitol lawn - as is allowed others groups who want to put up decorations.

Charlie Daniels, who I have never had any issues with, rejected the Freethinkers request to put up a decoration because it did not go with the style and decor he had in mind. Of course - he didn't explain to the Freethinkers what his decorating tastes were or how they could best fit things in with what he thought was most appropriate. He didn't even give them a written explanation of what was, or was not acceptable - it was just "rejected". What he didn't understand was - when you act arbitrarily, capriciously, and fail to issue clear rules - you are simply asking for a lawsuit. So of course he got sued, by the ACLU even. Once sued - how did he defend his decision to reject a holiday decoration because it didn't "fit in"? He didn't. The Secretary of State didn't even file a formal response. Nothing. If you are going to act arbitrary - and reject something based on your personal whim - its pretty hard to ask a lawyer to write a brief in which your defense is - "well, they just don't have good taste like me, Charlie Daniels, the guru of Christmas decor." When you can't even be bothered to file a response, you really don't want to win. I think he was just hoping the Freethinkers would go away, and of course he was wrong. So the Freethinkers get their Winter Solstice display - which will probably be goofy but no more goofy than most Christmas displays you see. Pagans: 1 Grinch: 0.

If you are curious about the details - here is a copy of the lawsuit

Tuesday, December 01, 2009 - 09:51:15

Arkansas DWI Law 101

Sometimes I incorrectly assume everyone knows what the law is on a given issue, for example, DWI. Obviously we know you aren't supposed to drink and drive. Most people know that the limit in Arkansas is .08% blood alcohol content (BAC). But you might not know there were some subtle changes in DWI law effictive in July this year - changes that make huge differences. The differences all have to do with how long your license is suspended and whether you are entitled to a restricted permit.

In addition to the court system - the Department of Finance and Administration has the authority of drivers' licenses. They are the ones who are required to suspend your license before you even see a judge. In general - the judge doesn't decide how long your license will be suspended either - the length of time is controlled by the laws and procedure of the DFA. You are even entitled to a hearing if you want to contest your suspension - but it is not a court of law and hearsay ( meaning the police reports) are admissible.

The custom, for years, has been that you get a DWI, and they give you a "to and from work" driving permit for the period of your suspension. The new law changes this, and I'll explain.

If you are arrested for DWI and you take the breathalizer - and the result are between .08 and .15 - then you can still get a restricted license.

If you are arrested for DWI and you refuse to take the breathalizer - you can't get a restricted permit.

If you are arrested for DWI and the results indicate intoxication of .15% BAC or greater - you can't get a restricted permit.

Fortunately, this doesn't mean you can't drive. What it means is that you will be required to get an alcohol interlock device installed for a minimum of six months before you can get your license back. I think this costs around $60 a month or less. With the interlock - you have to blow into a tube everytime you drive and every 15 minutes while driving. If you blow over .02% BAC it won't start. That's about one drink.

As was the case before,  you will have to see a probation officer who will decide what level of alcohol education classes you will have to take ( depends on court but usually either one or two full days of classes, whicy you have to pay for)

Another new aspect of the law is that you will have to meet with a "victim impact panel" for an hour or so to learn about how DWI hurts and even kills people. I think the fee for this is under $20.

After you do all that - you still have to pay the DMV  to get your license unsuspended - which is $150 or so.

Most of the other laws are still the same. If you didn't know - the penalty for getting a 2nd DWI within 5 years of your first one is much steeper. You will have no option except to get an interlock device. There is a mandatory minimum of 7 days in jail. From what I have seen - there is no getting around this. Usually they let people do it in 4 weekends but it depends on the judge.

If you are caught driving while your license is supended for DWI - you can be sentenced to 10 days of jail and $1000 fine but the judge has discretion to lower these. If you do that - they will probably keep it suspended another year.

All I have learned from prosecuting and defending DWI cases is the best way to get out of one is to never get behind the wheel intoxicated to begin with.

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Tuesday, December 01, 2009 - 09:46:53

Add this to "only in Arkansas" stories

Add this to "Only in Arkansas" stories: 12 year old boy gets a DWI while going to see a girl he met at the rodeo. http://www.dui.com/dui-library/arkansas/news/12-year-old-gets-arkansas-dwi

Friday, November 20, 2009 - 10:18:05

Court Affirms Taking Children From Tony Alamo's Church

The Arkansas Court of Appeals affirmed three cases in which the Department of Human Services, the State Police, and the FBI, removed several children from Tony Alamo's church compound in Fouke, Arkansas. In all, DHS removed 36 children, although many were quickly placed with relatives.

The facts in this case are horrendous. When we think of cults, we rarely think about them being in our own state.

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Friday, November 20, 2009 - 09:35:55

Lonoke Chief of Police Jay Campbell's Conviction Reversed

If you remember this case, former Lonoke Chief of Police Jay Campbell was accused of running a "continuing criminal enterprise" in 2006. Specifically, he was accused of using his power as police chief to create and run a criminal enterprise by managing others to obtain for the enterprise money through theft, controlled substances for personal use by theft and burglary, personal services to clean up private personal and private real property, illicit sexual relations for purposes of gratification, and threat of criminal prosecution as a means to extort information on drug operations, controlled substances, and money from drug dealers. He was also accused of arresting drug dealers and confiscating their controlled substances and money for personal use, acquiring prescription drugs by fraud and burglary, refraining from sending information and evidence on drug dealers to the prosecuting attorney's office in exchange for information on other drug dealers, and facilitating sex between his wife inmates housed at Lonoke in the hope the inmates would agree to a “tryst” involving appellant.

The entire case was reversed because the Court concluded it had been tainted by the unsubstantiated allegations that Campbell engaged in a criminal enterprise. In essence, they said the jury was left to infer that Campbell was the mastermind behind a illicit scheme. Furthermore, they found that the search warrant was defective and the good faith exception did not apply.

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Friday, November 20, 2009 - 09:04:12

You know its a bad case when the lawyer goes to jail

After complaining about a rough day in court, I've heard older attorneys tell me - as long as you don't end up in jail, it wasn't that bad. For two Georgia lawyers - it was that bad recently. In the span of four days, two lawyers were locked up for irritating a judge. Of course this happens from time to time in Arkansas as well. In 2003, R.S. McCullough was sentenced to 10 days in jail for arguing with a judge. McCullough had already failed to shot at one hearing because he said he had been in jail for failing to pay child support. When he did appear, they judge obviously didn't have much patience as can be seen in this exchange:

The Court: I disagree with you on that regard. I know that the court, the supreme court has ruled that just because a complaint has been filed doesn't mean that you have to recuse. If that was the case, any defendant could file a complaint at any time and get that, force a trial judge out, and he can't do that.
McCullough: Everybody-I imagine everybody would get one bite at that apple if that was the case unless they could show that it was-
The Court: That's the ruling. Don't argue with me.
McCullough; I'm not arguing with you.
The Court: Yes, you are.
McCullough: I have a right to make a record.
The Court: I've ruled.
McCullough: I have a right to make a record.
The Court: No. You've made your record.
McCullough: Just like that. You can't-


At that point, in open court in the presence of the prospective jurors, the court ordered McCullough be taken to jail. After a short recess, the court announced on the record that he had held McCullough in contempt for arguing with the court and sentenced him to ten days in the county jail. The Arkansas Supreme Court reduced his sentence to 3 days eventually but they agreed jail was an appropriate punishment. McCullough went on to be disbarred for serious misconduct in 2009.

Thursday, November 19, 2009 - 20:43:52

When is it unlawful to text in your car ?

As most people know, as of October 1, 2009, Arkansas outlawed the practice of texting while driving. But what does the law really say? The statute is clear that "a driver of a motor vehicle shall not use a handheld wireless telephone for wireless interactive communication while operating a motor vehicle." This begs the question - what does "operating a motor vehicle" mean? As many people convicted of DWI have found out the hard way - "operating a motor vehicle" means being in the driver seat with the keys handy, whether the car is moving or not. It doesn't even matter whether the ignition is on. As absurd as it sounds - I think this law can easily be interpreted to mean that it is unlawful to use your phone to text while at a red light or even while sitting on the side of the road. While I would hope a reasonable law enforcement officer would ignore such conduct - not all traffic stops are reasonable. Similarly, a traffic stop is often followed by a vehicle search or even a pat down which commonly leads to drug arrests. I could be wrong of course. We will find out once this occurs and this issue is appealed.

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Tuesday, November 17, 2009 - 18:59:12

Damien Echols' Amazon Wish List

If for some reason you want to buy WM3 death-row inmate a Christmas gift this year - he has made it easy for you with his Amazon Wish List. http://www.amazon.com/gp/registry/registry.html/002-2133407-5860037?id=3STOY800S8FM0 Of course, all he really wants for Christmas is - a new trial

Tuesday, November 17, 2009 - 18:52:51

Arkansas Supreme Court Overturns Lonoke Chief of Police's Conviction

Of course, thats all I know right now because opinion hasn't been published yet but I'll post the entire thing later this week. A huge win obviously. http://www.todaysthv.com/news/local/story.aspx?storyid=93965&catid=2
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