Neal v. State

The majority reverses this case because “the failure to hold a hearing prior to Neal’s expulsion from the drug-court program amounted to a due process violation.” I dissent because Neal is not entitled to the relief sought.

I agree with the majority that Neal did not waive his future due-process rights at the time of his plea entry. However, there is a fundamental misunderstanding regarding the roles of the Arkansas Department of Community Correction (ADCC) residential substance-abuse program and the Saline County Drug Court program, both of which expelled Neal. The confusion arises from the…