Legal Opinion · Dissent

State v. C.W.

Supreme Court of Arkansas

Decided June 26, 2008No. 07-1326Published

1DissentTom Glaze, Justice

The majority holds that the circuit court’s order granting the State’s motion to nolpros the charges against C.W. was “clearly a final order of dismissal.” C.W. did not argue that there was a final order in this case. In fact, C.W. argues the exact opposite, asserting that “because the case was nolle pressed, no final judgment was entered in this case,” and “[i]n essence, this case was never adjudicated.” Further, Ark. Code Ann. § 16-89-122 (Repl. 2005) provides that an order granting the State’s nolle prosequi motion “does not bar future prosecution for the same offense.” Although this court…

2Cases cited4 opinions

  1. State v. CrawfordSupreme Court of Arkansas · 2008
  2. Halton v. StateSupreme Court of Arkansas · 1954
  3. State v. GaddySupreme Court of Arkansas · 1993
  4. State v. BeallSupreme Court of Arkansas · 1995

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