Arkansas Times

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.

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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

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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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Tuesday, September 22, 2009 - 11:07:40

Tim Griffin Running for Congress

This will be great - what a dream candidate for the Vic Snyder, the most ethical politician I know. http://www.timgriffinforcongress.com/

 

Posted by Hoglawyer | Permalink | Comments (1)

Thursday, September 10, 2009 - 16:25:11

Is there an open container law in Arkansas ?

Is there an open container law in Arkansas?

Easy answer. Yes. The same law that bans public intoxication bans open containers in some circumstances. This law, copied below, clearly makes it an offense to be drinking in any public place. Now if you want to split hairs, mearly having an open bottle is not the same as drinking right ? Therefore, to be convicted of this, the arresting officer would technically have to see you actually drinking. After defending this charge soon, we will see how well this defense will work: "I was just holding it for my friend, I wasn't drinking it."  In my experience, "holding it for someone else" isn't the best defense.

§ 5-71-212 Public intoxication

(a) A person commits the offense of public intoxication if he or she appears in a public place manifestly under the influence of alcohol or a controlled substance to the degree and under circumstances such that:
(1) The person is likely to endanger himself or herself or another person or property; or
(2) The person unreasonably annoys a person in his or her vicinity.
(b) Public intoxication is a Class C misdemeanor.
(c) A person commits the offense of drinking in public if the person, other than in a place of business licensed to sell alcoholic beverages for consumption on the premises, consumes any alcoholic beverage:
(1) In any public place;
(2) On any highway or street;
(3) Upon any passenger coach, streetcar, or in or upon any vehicle commonly used for the transportation of passengers; or
(4) In or about any depot, platform, waiting station or room, or other public place.
(d) Drinking in public is a Class C misdemeanor.
(e) The provisions of this section shall not be construed to prohibit or restrict the consumption of an alcoholic beverage when consumed as a part of a recognized religious ceremony or ritual.

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Thursday, August 13, 2009 - 09:43:08

Criminal Behavior or Witchhunt ?

Betsy Wright, formerly Bill Clinton's Chief of Staff when he was governor, has been charged with 51 counts of providing contraband items to a death-row inmate in the Varner Unit in Jefferson County. The criminal case summary can be found here. She claimed that she found a package of Doritos in the bottom of the machine and had idea a knife and tattoo needles were inside the package. It actually sounds very plausible to me, but who knows. I do know that she has irritated officials at the ADC in the past. She has complained about the costs inmates' friends and families are charged to talk to inmates on secured phone calls and the lack of quality of those phone calls. In any event, she has focused on treatment of death-row inmates for several years and I have no doubt some officials at ADC would not mind seeing her inmate visitation privileges revoked because of this incident.

Posted by Hoglawyer | Permalink | Comments (1)

Tuesday, August 11, 2009 - 10:28:51

I Know Court Can Be Boring - Just Don't Let The Judge Know

A man gets six months in jail for - yawning in court.  Outrageous.

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