Frank Wheeler v. State of Arkansas

Summary

This document is a dissenting opinion from the denial of a petition for review in Frank Wheeler’s Arkansas criminal appeal. Associate Justice Rhonda K. Wood would have granted review to consider Wheeler’s double-jeopardy claim and to clarify the preservation of constitutional issues on appeal in light of Evans v. Harrison.

Questions Presented

1. Whether Wheeler should be permitted to raise his double-jeopardy claim on appeal despite the preservation ruling applied by the court of appeals.
2. Whether the Arkansas Supreme Court's decision in Evans v. Harrison changed or called into question the court's longstanding rule against considering constitutional arguments not preserved in the trial court.

Disposition

writ_denied