I count three Arkansas Supreme Court and seventeen signed Arkansas Court of Appeals decisions handed down this week. Both courts produced opinions worth nothing here.
Standridge v. Fort Smith Public Schools, 2025 Ark. 42, includes a seemingly rare discussion about "direct[ing] the clerk to immediately issue the mandate." The case involves a student's ability to transfer within a school district - from one public school to another - without being banned from playing sports at the new school for one year.
The student raised statutory and constitutional challenges. I'll note two points that don't ordinarily concern this blog. First, the opinion engages in an educational statutory construction discussion - this is worth your time. Second, even though the majority reversed on the student's statutory claim, it went on to affirm the trial court on the constitutional claims. This seems contrary to the practice of avoiding constitutional questions if possible. See, e.g., Tollett v. Wilson, 2020 Ark. 326, 608 S.W.3d 602 ("It is our duty to refrain from addressing constitutional issues if or when the case can be disposed of without determining constitutional questions.").
After addressing the merits, the majority directed the clerk to immediately issue the mandate: "Having already been barred from participating [in sports] in the fall - and with the ban lasting only a year - any further delay would severely undermine the relief to which [the student] is entitled." Standridge, 2025 Ark. 42, at 12. And in response to the dissent, the majority noted that "while we typically expedite mandates in election or execution cases, nothing in the rule prohibits doing so in other cases where, as here, compelling reasons exist. See Ark. Sup. Ct. R. 5-3(b)." Standridge, 2025 Ark. 42, at 12.
The dissenting justices challenged the propriety of immediately issuing the mandate. Agreeing that the rule doesn't prohibit prompt issuance here, "this is simply not a case in which doing so is appropriate." Id. at 17. The practice is typically reserved for expedited cases, such as those involving election and execution issues. The student did not request expedited consideration or immediate mandate issuance. "While this case is no doubt extremely important to the parties, the same can be said for every case this court decides." Id.
The Supreme Court remanded Weatherford v. State, 2025 Ark. 44, to settle and supplement the record. The court noted its duty to "scrutinize the record for all errors prejudicial to the appellant in cases resulting in life-imprisonment sentences." Id. at 2. The court couldn't do that here: the record was incomplete, missing an audio recording of a law enforcement interview. Thus, the case was remanded.
Although there are other candidates, let's consider one Court of Appeals case, Miller v. State, 2025 Ark. App. 229. One of Miller's arguments on appeal challenged comments made by the State during voir dire implicating Miller's privilege against self-incrimination. He argued that the trial court should have granted a mistrial even though he did not move for one.
The Court of Appeals first noted that Miller's attorney "objected, made his argument, and was given what he requested" - a cautionary instruction. Id. at 8. The attorney did not move for a mistrial. In light of these facts, the court would not consider Miller's mistrial argument on appeal.
Miller argued that under the third of the mythical Wicks exceptions, the court should consider his argument even though he did not request a mistrial. This exception to Arkansas's objection requirement permits an appellate court to consider errors serious enough to require the trial court to intervene, even without objection.
Miller could cite no case applying this exception in his favor, but there was an Arkansas Supreme Court opinion denying application of Wicks in a situation involving the right against self-incrimination. Given that Miller received his requested relief, did not move for a mistrial, and the third Wicks exception did not apply, the court found that Miller's point was not preserved for appeal.
Thank you for reading - have a great weekend!
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