Legal Opinion · Dissent

Campbell v. State

Supreme Court of Arkansas

Decided December 11, 1989No. 89-25Published

1DissentDavid Newbern, Justice

As the majority opinion points out, the trial court declined to consider removing Campbell from office “until rendering of a final judgment by the Eighth Circuit Court of Appeals or other courts of proper jurisdiction.” Among the ways we can treat this appeal are the following: First, we can dismiss the appeal for mootness. Second, we can affirm the trial court’s holding that the “conviction” formed the basis for ouster from office upon final judgment by an appellate court. Third, we can ignore the mootness of the issue and go far beyond the holding of the trial court stating a new rule of…

2Cases cited21 opinions

  1. People v. . FabianNew York Court of Appeals · 1908
  2. Attorney General Ex Rel. O'Hara v. MontgomeryMichigan Supreme Court · 1936
  3. Bell v. Treasurer of CambridgeMassachusetts Supreme Judicial Court · 1941
  4. McKannay v. HortonCalifornia Supreme Court · 1907
  5. Cummings v. Washington County Election CommissionSupreme Court of Arkansas · 1987

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