Bailey v. State

As applied in this case, Ark. Code Ann. § 5-71-207 (Repl. 1997) violates the First Amendment to the Constitution of the United States. Mr. Bailey’s conviction of disorderly conduct should be reversed. The majority correctly rejects Mr. Bailey’s challenge to the sufficiency of the evidence supporting his resisting-arrest and public-intoxication convictions and rejects his arguments concerning jury instructions and the cross-examination of Trooper Newton.

The jury received instructions on the disorderly conduct charge based upon the following three subsections of § 5-71-207:(a) A person commits…