Legal Opinion · Dissent

Bedford v. State

Court of Appeals of Arkansas

Decided June 28, 2006No. CA CR 04-706Published

1DissentJohn B. Robbins, Judge

I respectfully dissent. The majority has reversed the trial court’s decision on the

basis that the State failed to prove that the check was a forged instrument. Ms. Bedford has not advanced this argument on appeal, and in order to reach its decision the majority has acted as appellant’s advocate. It is a familiar rule of practice that an appellate court does not reverse on a ground not argued by the appellant. Houston v. State, 82 Ark. App. 556, 120 S.W.3d 115 (2003). This rule is applicable even in cases that are heard de novo on appeal, see Cummings v. Boyles, 242 Ark. 923, 415 S.W.2d 571…

2Cases cited7 opinions

  1. Echols v. StateSupreme Court of Arkansas · 2001
  2. Mayes v. StateSupreme Court of Arkansas · 1978
  3. Cummings v. BoylesSupreme Court of Arkansas · 1967
  4. Allen Canning Co. v. McReynoldsCourt of Appeals of Arkansas · 1982
  5. Johnson v. StateCourt of Appeals of Arkansas · 1982

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