Legal Opinion · Dissent

Brown v. State

Court of Appeals of Arkansas

Decided March 6, 2019No. CR-18-74Published

1DissentWaymond M. Brown, Judge

The majority's fear of technology has led it to abandon our standard of review and tell the Arkansas Supreme Court what Arkansas Rule of Evidence 901 should mean. For the following reasons, I respectfully dissent from the majority opinion.

A determination to admit or exclude evidence will not be reversed absent an abuse of the circuit court's discretion, which requires that the circuit court act improvidently, thoughtlessly, or without due consideration.1 Nor will this court reverse absent a showing of prejudice.2

Rule 901 provides that appearance, contents, substance, internal patterns, or…

2Cases cited8 opinions

  1. Davis v. StateSupreme Court of Arkansas · 2002
  2. Gulley v. StateSupreme Court of Arkansas · 2012
  3. Bruner v. StateSupreme Court of Arkansas · 2013
  4. Lewis v. StateCourt of Appeals of Arkansas · 2017
  5. Kauffeld v. StateCourt of Appeals of Arkansas · 2017

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