Bryant v. Picado

I agree with the majority opinion and write to emphasize what today’s holding does. All parties agree that chancery court cannot enjoin a pending criminal prosecution. See, e.g., Billy/Dot, Inc. v. Fields, 322 Ark. 272, 908 S.W.2d 335 (1995); S & S News Agency v. Freeze, 247 Ark. 1078, 449 S.W.2d 404 (1970). Today’s decision makes it clear that even when no criminal prosecution or investigation is pending, chancery court has no jurisdiction to decide the constitutionality of a criminal statute. In reaching this conclusion, the majority relies on Daley v. Digby, 272 Ark. 267, 613 S.W.2d 589…