Legal Opinion · Dissent

Green v. State

Supreme Court of Arkansas

Decided March 5, 2009No. CR 08-903Published

1DissentElana Cunningham Wills, Justice

Because I cannot agree that the circuit court had subject-matter jurisdiction of this action, I respectfully dissent.

Cases are legion in Arkansas for the proposition that a trial court loses jurisdiction to modify or amend an original sentence once the sentence is put into execution. See, e.g., Gavin v. State, 354 Ark. 425, 125 S.W.3d 189 (2003) (citing Pike v. State, 344 Ark. 478, 40 S.W.3d 795 (2001); McGhee v. State, 334 Ark. 543, 975 S.W.2d 834 (1998); DeHart v. State, 312 Ark. 323, 849 S.W.2d 497 (1993); Jones v. State, 297 Ark. 485, 763 S.W.2d 81 (1989)). We have made clear that this is…

2Cases cited27 opinions

  1. State v. LarimoreSupreme Court of Arkansas · 2000
  2. Pitts v. StateSupreme Court of Arkansas · 1999
  3. Larimore v. StateSupreme Court of Arkansas · 1997
  4. Servewell Plumbing, LLC v. Summit Contractors, Inc.Supreme Court of Arkansas · 2005
  5. Adler v. StateSupreme Court of Arkansas · 1880

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