State v. Martin

The majority opinion “examine[s] the basis of the circuit court’s ruling [to acquit Martin] in light of prevailing law” and proceeds to reach the merits of the State’s argument. I concur with the majority’s disposition to dismiss the appeal but write separately to provide a wholly different analysis. Because the circuit court’s grant of Martin’s motion for directed verdict turned on the application of the law to the facts, I would dismiss for lack of a proper State appeal.

Pursuant to Rule 3 of the Arkansas Rules of Appellate Procedure-Criminal, the right of appeal by the State is limited.…