Opinion highlights for the week of November 1, 2026

 

The Arkansas Court of Appeals announced eleven opinions on November 4, 2026; the Arkansas Supreme Court handed down nine opinions the next day.  Although there are candidates among those Court of Appeals opinions, we'll limit ourselves to noting two Supreme Court cases.

In Davis v. State, 2026 Ark. 166, the majority noted the general rule - there is no right to appeal from a guilty plea - but precedent allowed an appeal from the denial of a motion to withdraw a guilty plea "because it is not an appeal or attack on the plea itself." Id. at 1 n.1.  A concurring justice did not concede the distinction and offered his views accordingly.

In Franklin v. State, 2026 Ark. 181, a concurring justice argued that the majority raised and addressed a constitutional issue not briefed by the parties.  Further, this justice noted that the case could be disposed of on the basis of a rule: "Our court should avoid raising and making constitutional pronouncements when another reasonable alternative can resolve the appeal." Id. at 9.  It does not appear that the majority addressed this claim.

Franklin does not cite Evans or its progeny, but appellate practitioners may want to make note should they need to raise a constitutional argument for the first time on appeal.  Context matters, of course.

Thank you for reading.