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Legal Opinion

Opinion No.

Arkansas Attorney General Reports

Decided September 8, 2004Published

1Opinion of the Court

Mr. David L. Gibbons, Prosecuting Attorney Fifth Judicial District Post Office Box 3080 Russellville, AR 72811

Dear Mr. Gibbons:

You have presented the following question for my opinion:

Does the prosecuting attorney of a judicial district have the authority to prosecute, over the objection of a city attorney, circuit court appeals for violations of state misdemeanor laws which occurred within the city limits and which were originally prosecuted by the city attorney in district court?

RESPONSE

It is my opinion that the prosecuting attorney does have the authority to do so.

I base this conclusion on…

2Cases cited5 opinions

  1. Hughes v. StateSupreme Court of Arkansas · 2002
  2. Stilley v. JamesSupreme Court of Arkansas · 2001
  3. Beasley v. StateCourt of Appeals of Arkansas · 1994
  4. Searcy v. TurnerSupreme Court of Arkansas · 1908
  5. Strahan v. StateSupreme Court of Arkansas · 2002

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