Legal Opinion · Concurring in part, dissenting in part

State v. A.G.

Supreme Court of Arkansas

Decided June 2, 2011No. 10-1116Published

1Concurring in part, dissenting in partKaren R. Baker, Justice

I agree with the majority opinion that the State’s appeal must be dismissed. I disagree, however, with its conclusion that Arkansas Rule of Appellate Procedure-Criminal 3 (2010) and Arkansas Code Annotated section 9-27-318(Z) (Repl.2009) are incompatible.

Arkansas Rule of Appellate Procedure-Criminal 3 provides that the State may appeal from final orders, following either a misdemeanor or felony prosecution, or from certain interlocutory pretrial orders. Ark. R.App. P.-Crim. 8(a), (b). The State’s ability to appeal is not a matter of right; rather, it is limited to those cases described under…

2Cases cited17 opinions

  1. Smith v. Shelter Mutual InsuranceSupreme Court of Arkansas · 1997
  2. Stuart v. Elk Horn Bank & Trust Co.Supreme Court of Arkansas · 1916
  3. State v. NicholsSupreme Court of Arkansas · 2005
  4. State v. CrawfordSupreme Court of Arkansas · 2008
  5. Ware v. StateSupreme Court of Arkansas · 1923

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