Legal Opinion · Concurrence

King v. Whitfield

Supreme Court of Arkansas

Decided November 18, 1999No. 99-359Published

1ConcurrenceRobert L. Brown, Justice

I concur in the stice, the merits of the case and not dismiss King’s complaint based on procedural technicalities. I would affirm because King did not prove that the two mailings of absentee ballots violate state law.

Today’s opinion makes it vastly more difficult to contest an election, and that should not be. The majority does this by mandating that non-essential information be included in a complaint to state a cause of action. This runs counter to basic democracy and fairness. We have made this clear in the past in our cases. For example, in Gunter v. Fletcher, 217 Ark. 800, 802, 233…

2Cases cited6 opinions

  1. Lafargue v. WaggonerSupreme Court of Arkansas · 1934
  2. Rubens v. HodgesSupreme Court of Arkansas · 1992
  3. McClendon v. McKeownSupreme Court of Arkansas · 1959
  4. Wheeler v. JonesSupreme Court of Arkansas · 1965
  5. Gunter v. FletcherSupreme Court of Arkansas · 1950

1 more not listed; retrieve them via the Exa API.

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

Powered by the Exa API