Legal Opinion · Concurring in part, dissenting in part

Morris v. State

Supreme Court of Arkansas

Decided April 27, 2017No. CR-16-969Published

1Concurring in part, dissenting in partJosephine Linker Hart, Justice

I agree that there is substantial evidence to support Mr. Morris’s conviction for criminal contempt. Nonetheless, I cannot agree that the sanction imposed was proper. I therefore respectfully dissent.

|aI cannot agree that it is proper for the majority to adopt the State’s argument that “a judge’s power to punish for criminal contempt is not limited by Arkansas Code Annotated section 16-10-108.” I am mindful that the proposition is supported by Johnson v. Johnson, 343 Ark. 186, 198, 33 S.W.3d 492, 499 (2000). However, the General Assembly legislatively overruled that case when it amended…

2Cases cited4 opinions

  1. Johnson v. JohnsonSupreme Court of Arkansas · 2000
  2. Esry v. StateSupreme Court of Arkansas · 2014
  3. Valley v. StateSupreme Court of Arkansas · 2016
  4. Ward v. KelleySupreme Court of Arkansas · 2016

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API