State v. Lasley

I respectfully dissent from the majority’s decision to dismiss the appeal as improper. I would find that it is a proper State appeal and that the trial court erred in giving the instruction to the jury. The majority correctly points out that we only accept State appeals that are narrow in scope and involve the interpretation of law. When an interpretation will not have widespread application, it does not affect the correct and uniform administration of the law. State v. Hulum, 349 Ark. 400, 403, 78 S.W.3d 111, 113 (2002).

Following Miller v. Alabama, 567 U.S. 460, 132 S.Ct. 2455, 183 L.Ed.2d…