State v. Joshaway

Summary

This document is a dissenting opinion on denial of rehearing in State v. Joshaway. Justice Wills would grant rehearing, concluding that the Arkansas Supreme Court had jurisdiction to review the State’s appeal concerning application of Arkansas Rule of Criminal Procedure 28.2(b) and that the appeal implicated the correct and uniform administration of the criminal law. The dissent also discusses preservation issues and the historical limits on State appeals in criminal cases.

Questions Presented

1. Whether the Supreme Court of Arkansas had jurisdiction under Arkansas Rule of Appellate Procedure-Criminal 3 to hear the State's appeal when the claimed error involved application of a clear speedy-trial rule rather than interpretation of an ambiguous rule.
2. Whether an issue not precisely argued below is relevant to the Supreme Court's jurisdiction over a State appeal or instead constitutes a basis for affirmance.

Disposition

other