res gestae exception (Arkansas) · Go Syfert
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res gestae exception in Arkansas

20 Arkansas opinions name it 2 courts 1976–2026 6 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 (4)

CaseFollowedCited
Gaines v. Stategreen
ark · 2000 · cited in 2 Arkansas opinions naming this issue, 2015–2017
2 sentences

2015In response, Gillean stated, “Then I’ll go ahead and resign.” Gillean left the meeting shortly thereafter and tendered his resignation that same day. i. relevance In Gaines v. State, 340 Ark. 99, 110 , 8 S.W.3d 547, 554 (2000) (internal citations omitted), our supreme court held as follows: Under the res gestae exception,, the State is entitled to introduce evidence showing all circumstances which explain the charged act, show a motive for acting, or illustrate the accused’s state of mind if other criminal offenses are brought to light.

2015In response, Gillean stated, “Then I’ll go ahead and resign.” Gillean left the meeting shortly thereafter and tendered his resignation that same day. i. relevance In Gaines v. State, 340 Ark. 99, 110 , 8 S.W.3d 547, 554 (2000) (internal citations omitted), our supreme court held as follows: Under the res gestae exception,, the State is entitled to introduce evidence showing all circumstances which explain the charged act, show a motive for acting, or illustrate the accused’s state of mind if other criminal offenses are brought to light.

12
Bledsoe v. Stategreen
ark · 2001 · cited in 1 Arkansas opinions naming this issue, 2011–2011
2 sentences

2011See Bledsoe v. State, 344 Ark. 86, 90-91 , 39 S.W.3d 760, 763-64 (2001) (holding evidence admissible under the res gestae rule, where separate incidents comprise one continuing criminal episode or an overall criminal transaction or are intermingled with the crime actually charged).

2011See Bledsoe v. State, 344 Ark. 86, 90-91 , 39 S.W.3d 760, 763-64 (2001) (holding evidence admissible under the res gestae rule, where separate incidents comprise one continuing criminal episode or an overall criminal transaction or are intermingled with the crime actually charged).

11
Limber v. Stategreen
ark · 1978 · cited in 1 Arkansas opinions naming this issue, 2007–2007
2 sentences

2007See, e.g., Limber v. State, 264 Ark. 479 , 572 S.W.2d 402 (1978). [T]he general rule is that evidence of other crimes by the accused, not charged in the indictment or information and not a part of the same transaction, is not admissible at the trial of the accused; however, evidence of other crimes is admissible under the res gestae exception to the general rule to establish the facts and circumstances surrounding the alleged commission of the offense.

2007See, e.g., Limber v. State, 264 Ark. 479 , 572 S.W.2d 402 (1978). [T]he general rule is that evidence of other crimes by the accused, not charged in the indictment or information and not a part of the same transaction, is not admissible at the trial of the accused; however, evidence of other crimes is admissible under the res gestae exception to the general rule to establish the facts and circumstances surrounding the alleged commission of the offense.

11
Euton v. Stategreen
arkctapp · 1980 · cited in 1 Arkansas opinions naming this issue, 1982–1982
2 sentences

1982See also Euton v. State, 270 Ark. 121 , 603 S.W.2d 468 (Ark.App.1980).

1982See also Euton v. State, 270 Ark. 121 , 603 S.W.2d 468 (Ark.App.1980).

11

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 (13)

CaseCitedYears
Young v. State green
ark · 1980
2 sentences

1982This argument is clearly answered by the case of Young v. State, 269 Ark. 12 , 598 S.W.2d 74 (1980) wherein it is held that although the general rule is that evidence of other crimes by the accused, not charged in the indictment or information and not a part of the same transaction, is not admissible at the trial of the accused, evidence of other criminal activity is admissible under the res gestae exception to the general rule to establish the facts and circumstances surrounding the alleged commission of the offense.

1982This argument is clearly answered by the case of Young v. State, 269 Ark. 12 , 598 S.W.2d 74 (1980) wherein it is held that although the general rule is that evidence of other crimes by the accused, not charged in the indictment or information and not a part of the same transaction, is not admissible at the trial of the accused, evidence of other criminal activity is admissible under the res gestae exception to the general rule to establish the facts and circumstances surrounding the alleged commission of the offense.

81982–2026
Haynes v. State green
ark · 1992
2 sentences

2026Haynes v. State, 309 Ark. 583 , 832 S.W.2d 479 (1992); Young v. State, 269 Ark. 12 , 598 S.W.2d 74 (1980).

2026Haynes v. State, 309 Ark. 583 , 832 S.W.2d 479 (1992); Young v. State, 269 Ark. 12 , 598 S.W.2d 74 (1980).

52000–2026
Donald Adams v. State of Arkansas neutral
ark · 2021
2 sentences

2025Adams v. State, 2021 Ark. 34 , 617 S.W.3d 249 .

2025Adams v. State, 2021 Ark. 34 , 617 S.W.3d 249 .

32023–2025
Thessing v. State green
ark · 2006
2 sentences

2026Thessing v. State, 365 Ark. 384 , 230 S.W.3d 526 (2006).

2026Thessing v. State, 365 Ark. 384 , 230 S.W.3d 526 (2006).

22014–2026
Eric Reid v. State of Arkansas green
ark · 2019
2 sentences

2026Reid v. State, 2019 Ark. 363 , 588 S.W.3d 725 .

2021Reid v. State, 2019 Ark. 363 , 588 S.W.3d 725 .

22021–2026
King v. State green
ark · 2019
2 sentences

2023E.g., King v. State, 2019 Ark. 114 , 571 S.W.3d 476 .

2023E.g., King v. State, 2019 Ark. 114 , 571 S.W.3d 476 .

22023–2023
Bryant Smith v. State of Arkansas green
ark · 2025
2 sentences

2025Smith v. State, 2025 Ark. 26, at 12 , 708 S.W.3d 336, 346 .

2025Smith v. State, 2025 Ark. 26, at 12 , 708 S.W.3d 336, 346 .

12025–2025
State v. Cossio green
ark · 2017
1 sentence

2018Id. at 7-8, 529 S.W.3d at 624 -25 .

12018–2018
Dixon v. State green
ark · 2011
2 sentences

2014Dixon v. State, 2011 Ark. 450 , 385 S.W.3d 164 .

2014Dixon v. State, 2011 Ark. 450 , 385 S.W.3d 164 .

12014–2014
Dail v. State neutral
ark · 1973
2 sentences

1980Dail v. State, 255 Ark. 836 , 502 S.W. 2d 456 (1973);Russell & Davis v. State, 262 Ark. 447 , 559 S.W. 2d 7 (1977); and Carter v. United States, 549 F. 2d 77 (8th Cir. 1977).

1980Dail v. State, 255 Ark. 836 , 502 S.W. 2d 456 (1973);Russell & Davis v. State, 262 Ark. 447 , 559 S.W. 2d 7 (1977); and Carter v. United States, 549 F. 2d 77 (8th Cir. 1977).

11980–1980
Bill Houston Carter v. United States green
ca8 · 1977
1 sentence

1980Dail v. State, 255 Ark. 836 , 502 S.W. 2d 456 (1973);Russell & Davis v. State, 262 Ark. 447 , 559 S.W. 2d 7 (1977); and Carter v. United States, 549 F. 2d 77 (8th Cir. 1977).

11980–1980
Russell v. State green
ark · 1977
2 sentences

1980Dail v. State, 255 Ark. 836 , 502 S.W. 2d 456 (1973);Russell & Davis v. State, 262 Ark. 447 , 559 S.W. 2d 7 (1977); and Carter v. United States, 549 F. 2d 77 (8th Cir. 1977).

1980Dail v. State, 255 Ark. 836 , 502 S.W. 2d 456 (1973);Russell & Davis v. State, 262 Ark. 447 , 559 S.W. 2d 7 (1977); and Carter v. United States, 549 F. 2d 77 (8th Cir. 1977).

11980–1980
Byler v. State green
ark · 1946
2 sentences

1976While the result of a little fudging on the res gestae rule here may be justifiable because of the appellant’s conduct; yet, as pointed out in Byler v. State, 210 Ark. 790 , 197 S.W. 2d 748 (1946): “It may be unfortunate that the case will have to be retried, but we think it better that a single case should be retried than to approve an improper precedent for the trial of future cases.” For the reasons stated, I respectfully dissent.

1976While the result of a little fudging on the res gestae rule here may be justifiable because of the appellant’s conduct; yet, as pointed out in Byler v. State, 210 Ark. 790 , 197 S.W. 2d 748 (1946): “It may be unfortunate that the case will have to be retried, but we think it better that a single case should be retried than to approve an improper precedent for the trial of future cases.” For the reasons stated, I respectfully dissent.

11976–1976

Statutes the citing opinions construe

AR § Ark. Code Ann. § 16 (3) AR § Ark. Code Ann. § 16-90-120 (3) AR § Ark. Code Ann. § 5-10-101 (3) AR § Ark. Code Ann. § 5-10-104 (3) AR § Ark. Code Ann. § 5-2-202 (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

PA 231 (1925–2026) LA 177 (1956–2025) GA 107 (1957–2017) TX 78 (1923–2020) WA 68 (1926–2026) MI 51 (1948–2020) IN 49 (1958–2023) MO 47 (1930–2025) CO 40 (1954–2026) AL 34 (1916–2026) OK 28 (1967–2022) SC 25 (1930–2021) IA 24 (1911–1995) VA 23 (1922–2025) IL 21 (1926–2014) AR 20 (1976–2026) FL 14 (1966–2008) MN 13 (1922–2015) NC 12 (1962–2007) CA 12 (1937–1986) KY 12 (1909–1985) OH 12 (1944–2006) MD 11 (1969–2011) WV 11 (1878–2020) MT 11 (1938–2001) NJ 11 (1952–2021) KS 10 (1979–2017) NY 10 (1893–2003) UT 10 (1903–2025) ID 10 (1894–2024) AZ 9 (1923–1975) SD 9 (1968–2017) NM 9 (1939–2010) WI 7 (1968–1989) TN 7 (1939–2014) NV 6 (1980–2026) VT 5 (1935–1987) MS 4 (1934–2005) HI 4 (1982–2008) OR 4 (1957–2024) ME 3 (1923–1972) DC 2 (1945–2004) MA 2 (1955–1983) NH 2 (1977–1981) WY 2 (1941–1992)

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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