The Hoglawyer

Court Affirms Taking Children From Tony Alamo's Church

Fri, 20 Nov 2009 10:18:05 -0600

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.

Lonoke Chief of Police Jay Campbell's Conviction Reversed

Fri, 20 Nov 2009 09:35:55 -0600

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.

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

Fri, 20 Nov 2009 09:04:12 -0600

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.

When is it unlawful to text in your car ?

Thu, 19 Nov 2009 20:43:52 -0600

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.

Damien Echols' Amazon Wish List

Tue, 17 Nov 2009 18:59:12 -0600

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

Arkansas Supreme Court Overturns Lonoke Chief of Police's Conviction

Tue, 17 Nov 2009 18:52:51 -0600

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

Tim Griffin Running for Congress

Tue, 22 Sep 2009 11:07:40 -0600

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

Is there an open container law in Arkansas ?

Thu, 10 Sep 2009 16:25:11 -0600

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.

Criminal Behavior or Witchhunt ?

Thu, 13 Aug 2009 09:43:08 -0600

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.

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

Tue, 11 Aug 2009 10:28:51 -0600

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

Sotomayor wins confirmation !

Thu, 06 Aug 2009 15:15:47 -0600

Sotomayor wins confirmation 68-31. Of course Obama made this process easy by chosing a moderate.

Sad day for democracy

Thu, 06 Aug 2009 15:06:53 -0600

I love town hall meetings. In theory, they are a bedrock of our democratic system. Common citizens get to ask questions and express their opinion to the elected politicians. In theory it is about an exchange of ideas, including expressing displeasure and dissent. But, when radicals of the left or right decide it is more important to be disruptive, they become anti-democratic. No politician is going to want to have a town hall meeting if the participants can't be heard because of shouting, booing, and general boorish behavior. The should be able to shout all they want - outside of the meeting - in front of the politicians' offices but not in an event where communication is the key.

Of course, what they are really hoping for is a youtube moment - even better - they want a politician to be seen on camera while a protester gets hit with a taser. So please, don't make martyrs our of the teabaggers.

Twitter Addicts Suffering Withdrawals

Thu, 06 Aug 2009 15:04:03 -0600

Twitter ( and Facebook) are down today - letting me realize how addicted I am to both.

O.J. throws a Hail Mary pass

Tue, 21 Jul 2009 11:41:32 -0600

O.J. Simpson, after being convicted of armed robbery, thinks he deserves to be set free on bail while his appeal is pending. I don't think so.

What is more interesting to me is that in this same article, it says that the Nevada Supreme Court has not heard oral arguments in 8 years. Some courts in other states hear oral arguments in every single case, or at least every case in which one party asks for arguments. I think here in Arkansas, they got tired of listening ot me because after I did my first 3 or 4, my next 15 requests were denied. ( mainly because there wasn't much interesting to hear in those cases.)

In any event, O.J. will most likely spend his next few years where he belongs, with other violent felons.

Gene Lyons On Salon.com

Thu, 16 Jul 2009 12:27:57 -0600

As a news junkie, I read the Arkansas Democrat-Gazette everyday, but also usually go online to the New York Times, the Huffington Post, and of course check the Drudgereport. Another favorite is Salon.com, which emails me daily. I've noticed that they have run two articles lately by one of my favorite Arkansas columnists, Gene Lyons. Today he is discussing Sarah Palin.