The Supreme Court of Arkansas issued one opinion yesterday, a per curiam opinion in Goodrum v. State, 2024 Ark. 170. Ark. Sup. Ct. R. 3-4(c)(2), which addresses the record in criminal cases, requires insertion of the verdict forms in the record when there was a jury trial below. Upon review of this record, the court noted the absence of those forms, so the case was remanded to settle and supplement the record.
Twelve opinions were handed down by the Arkansas Court of Appeals on Wednesday.
In Harding v. State, 2024 Ark. App. 560, a panel of the court considered whether an issue was preserved for appeal. At trial Harding moved to dismiss, claiming "[t]he State has in no way proven their case" and specifically challenging hearsay and the lack of testing to prove that the firearm involved actually could fire. On appeal, Harding argued that there was insufficient evidence that he possessed the firearm. Referring to Ark. R. Crim. P. 33.1(c), the court noted that "a motion merely stating that the evidence is insufficient does not preserve issues concerning a specific deficiency...." Id. at 4. The court found that Harding's motion below was not specific enough to preserve his argument on appeal.
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