The Arkansas Court of Appeals handed down eight decisions on Wednesday. The Arkansas Supreme Court's docket on Thursday noted the disposition of various petitions and motions, and noted cases and motions submitted - but no decisions on the merits.
One of those Court of Appeals decisions is worth noting here, Wheeler v. State, 2025 Ark. App. 407. In challenging his conviction, Wheeler made an argument "under double-jeopardy principles" that he could not be convicted on two separate charges for the same incident. Thus, he argued, the evidence was insufficient on the second of the two convictions, and it should be reversed and dismissed.
The Court of Appeals rejected this argument as "not preserved for review because it was not timely raised below." Id. at 11. "[A] defendant cannot object to a double-jeopardy violation on the basis of overlapping charges in the same prosecution until he has actually been convicted of multiple offenses, and if he fails to object after being convicted, his double-jeopardy argument is waived." Id. at 12. Wheeler did not make this argument after his convictions, therefore, it was waived.
Thank you for reading.
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