reversible discovery violation (Arkansas) · Go Syfert
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reversible discovery violation in Arkansas

38 Arkansas opinions name it 2 courts 1993–2026 9 in the last five years

The cases below were cited by Arkansas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
Bray v. Stategreen
ark · 1995 · cited in 13 Arkansas opinions naming this issue, 1996–2024
2 sentences

2022Our supreme court has said that “the key in determining if a reversible discovery violation exists is whether the appellant was prejudiced by the prosecutor’s failure to disclose.” Bray v. State, 322 Ark. 178, 180 , 908 S.W.2d 88, 89 (1995).

2022Our supreme court has said that “the key in determining if a reversible discovery violation exists is whether the appellant was prejudiced by the prosecutor’s failure to disclose.” Bray v. State, 322 Ark. 178, 180 , 908 S.W.2d 88, 89 (1995).

813
Scroggins v. Stategreen
ark · 1993 · cited in 4 Arkansas opinions naming this issue, 1993–2006
2 sentences

2006As the majority correctly states, "[T]he key to determining if a reversible discovery violation exists is whether an appellant was prejudiced by the prosecutor's failure to disclose." Scroggins v. State, 312 Ark. 106, 116 , 848 S.W.2d 400, 405 (1993).

2006As the majority correctly states, "[T]he key to determining if a reversible discovery violation exists is whether an appellant was prejudiced by the prosecutor's failure to disclose." Scroggins v. State, 312 Ark. 106, 116 , 848 S.W.2d 400, 405 (1993).

14

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Arkansas. Read the followed side critically anyway.

Also cited on this issue (16)

CaseCitedYears
Burton v. State green
ark · 1993
2 sentences

2024Burton v. State, 314 Ark. 317 , 862 S.W.2d 252 (1993).

2024Burton v. State, 314 Ark. 317 , 862 S.W.2d 252 (1993).

61994–2024
Hicks v. State green
ark · 2000
2 sentences

2019Id.

2018Absent a showing of prejudice, we will not reverse." Hicks v. State , 340 Ark. 605 , 612, 12 S.W.3d 219 , 223 (2000) (internal citations omitted). *875 At issue are the Verizon records for Duck's cellular phone and Agent Shute's report generated based on the records.

32005–2019
Duck v. State green
ark · 2018
2 sentences

2021Id.

2021Id.

22021–2021
Robinson v. State neutral
ark · 1994
2 sentences

2012E.g., Robinson v. State, 317 Ark. 512 , 879 S.W.2d 419 (1994).

2012E.g., Robinson v. State, 317 Ark. 512 , 879 S.W.2d 419 (1994).

22010–2012
Mosley v. State green
ark · 1996
2 sentences

1997Mosley v. State, 323 Ark. 244 , 914 S.W.2d 731 (1996).

1997Mosley v. State, 323 Ark. 244 , 914 S.W.2d 731 (1996).

21996–1997
George Gitchell v. State of Arkansas green
arkctapp · 2023
1 sentence

2026Gitchell v. State, 2023 Ark.

12026–2026
Terry Kuykendall v. State of Arkansas neutral
arkctapp · 2024
1 sentence

2025Kuykendall, 2024 Ark.

12025–2025
Denzell Braud v. State of Arkansas green
ark · 2022
1 sentence

2023The standard of review for imposing sanctions for discovery violations is whether there has been an abuse of discretion.25 Abuse of discretion is a high threshold that does not simply require error in the circuit court’s decision but requires that the circuit court act improvidently, thoughtlessly, or without due consideration. 26 It is within the circuit court’s discretion which sanction, if any, to employ.27 Furthermore, a reversible discovery violation will occur only if a 24 Braud v. State, 2022 Ark. 169 . 25 Barrow v. State, 2010 Ark.

12023–2023
Barrow v. State neutral
arkctapp · 2010
2 sentences

2023The standard of review for imposing sanctions for discovery violations is whether there has been an abuse of discretion.25 Abuse of discretion is a high threshold that does not simply require error in the circuit court’s decision but requires that the circuit court act improvidently, thoughtlessly, or without due consideration. 26 It is within the circuit court’s discretion which sanction, if any, to employ.27 Furthermore, a reversible discovery violation will occur only if a 24 Braud v. State, 2022 Ark. 169 . 25 Barrow v. State, 2010 Ark.

2023App. 589 , 377 S.W.3d 481 . 26 Jackson v. State, 2020 Ark.

12023–2023
Dallas Quincy Jackson v. State of Arkansas green
arkctapp · 2020
1 sentence

2023App. 589 , 377 S.W.3d 481 . 26 Jackson v. State, 2020 Ark.

12023–2023
Chunestudy v. State green
ark · 2012
2 sentences

2021This court has said that “the key in determining if a reversible discovery violation exists is whether the appellant was prejudiced by the prosecutor’s failure to disclose.” Id. at 12–13, 408 S.W.3d at 64 (citing Bray v. State, 322 Ark. 178, 180 , 908 S.W.2d 88, 89 (1995)).

2021This court has said that “the key in determining if a reversible discovery violation exists is whether the appellant was prejudiced by the prosecutor’s failure to disclose.” Id. at 12–13, 408 S.W.3d at 64 (citing Bray v. State, 322 Ark. 178, 180 , 908 S.W.2d 88, 89 (1995)).

12021–2021
N.D. v. State green
ark · 2011
2 sentences

2019Our supreme court has said that “the key in determining if a reversible discovery violation exists is whether the appellant was prejudiced by the prosecutor’s failure to disclose.” Id. at 10–11, 383 S.W.3d at 401 .

2019Our supreme court has said that “the key in determining if a reversible discovery violation exists is whether the appellant was prejudiced by the prosecutor’s failure to disclose.” Id. at 10–11, 383 S.W.3d at 401 .

12019–2019
Rychtarik v. State green
ark · 1998
1 sentence

2015Id.

12015–2015
Tester v. State green
ark · 2000
2 sentences

2012Id.; Tester v. State, 342 Ark. 549 , 30 S.W.3d 99 (2000).

2012Id.; Tester v. State, 342 Ark. 549 , 30 S.W.3d 99 (2000).

12012–2012
Lacy v. State green
ark · 2010
2 sentences

2011Lacy v. State, 2010 Ark. 388 , 377 S.W.3d 227 .

2011Lacy v. State, 2010 Ark. 388 , 377 S.W.3d 227 .

12011–2011
Smith v. State green
ark · 2003
1 sentence

2007Id.

12007–2007

Statutes the citing opinions construe

AR § Ark. Code Ann. § 5-14-103 (4) AR § Ark. Code Ann. § 5-10-101 (3) AR § Ark. Code Ann. § 5-12-103 (3) AR § Ark. Code Ann. § 5-14-101 (3) AR § Ark. Code Ann. § 5-4-501 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

AR 38 (1993–2026) NY 2 (2025–2025)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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