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15 Arkansas opinions name it 2 courts 1975–2025 3 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.
| Case | Followed | Cited |
|---|---|---|
Dillon v. Stategreen2 sentences2024See Dillon v. State, 317 Ark. 384, 391 , 877 S.W.2d 915, 919 (1994); see also Ferguson v. State, 343 Ark. 159, 177 , 33 S.W.3d 115, 126 (2000). 2024See Dillon v. State, 317 Ark. 384, 391 , 877 S.W.2d 915, 919 (1994); see also Ferguson v. State, 343 Ark. 159, 177 , 33 S.W.3d 115, 126 (2000). | 2 | 2 |
Ferguson v. Stategreen2 sentences2024See Dillon v. State, 317 Ark. 384, 391 , 877 S.W.2d 915, 919 (1994); see also Ferguson v. State, 343 Ark. 159, 177 , 33 S.W.3d 115, 126 (2000). 2024See Dillon v. State, 317 Ark. 384, 391 , 877 S.W.2d 915, 919 (1994); see also Ferguson v. State, 343 Ark. 159, 177 , 33 S.W.3d 115, 126 (2000). | 2 | 2 |
Robert J. Bolton v. Tesoro Petroleum Corp., Robert J. Bolton, Etc. v. Robert v. Westgreen2 sentences2004See Bolton v. Tesoro Petroleum Corp., 871 F.2d 1266, 1276-77 (5th Cir.1989) (failure to request a mistrial on claim of attorney misconduct before the jury deliberations showed that the appellants "gambled" on the jury verdict, and weighed against granting a new trial); Raymond v. Southern Pac. 2004See Bolton v. Tesoro Petroleum Corp., 871 F.2d 1266, 1276-77 (5th Cir.1989) (failure to request a mistrial on claim of attorney misconduct before the jury deliberations showed that the appellants “gambled” on the jury verdict, and weighed against granting a new trial); Raymond v. Southern Pac. | 1 | 1 |
Oregon v. Kennedygreen1 sentence1998See Oregon v. Kennedy, 456 U.S. 667 (1982); Jackson v. State, 322 Ark. 710 , 911 S.W.2d 578 (1995). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Arkansas. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Wilson v. State
green
2 sentences2017In Wilson, our supreme court held that the trial court erred in granting the State’s request for a mistrial when defense counsel asked a prosecuting witness about a civil suit the witness had filed arising out of the alleged battery that was the subject of the criminal case and “implied by one of his questions that, had appellant paid the prosecuting witness $18,000, the criminal .charges would have been dismissed.” Id. at 142 , 712 S.W.2d at 654 . 2017In Wilson, our supreme court held that the trial court erred in granting the State’s request for a mistrial when defense counsel asked a prosecuting witness about a civil suit the witness had filed arising out of the alleged battery that was the subject of the criminal case and “implied by one of his questions that, had appellant paid the prosecuting witness $18,000, the criminal .charges would have been dismissed.” Id. at 142 , 712 S.W.2d at 654 . | 4 | 1999–2025 |
Stanley v. State
green
2 sentences2000Stanley v. State, 324 Ark. 310 , 920 S.W.2d 835 (1996). 2000Stanley v. State, 324 Ark. 310 , 920 S.W.2d 835 (1996). | 2 | 1999–2000 |
Williams v. State
green
2 sentences2018App. 310 , at 7-8, 420 S.W.3d 487 , 491 (internal citations omitted): Declaring a mistrial is a drastic remedy and proper only where the error is beyond repair and cannot be corrected by any curative relief. 2018Mistrial Analysis Our standard of review regarding mistrials was reiterated in Williams v. State , 2012 Ark. | 1 | 2018–2018 |
Raymond v. Southern Pacific Company
green
2 sentences2004Co., 259 Or. 629 , 488 P.2d 460 (1971) (holding that a party has no right to gamble on the outcome of the case and to avail himself of the irregularity or misconduct if a decision is adverse to him). 2004Co., 259 Or. 629 (1971) (holding that a party has no right to gamble on the outcome of the case and to avail himself of the irregularity or misconduct if a decision is adverse to him). | 1 | 2004–2004 |
United States v. Louis Martin
green
1 sentence2002Following the Eighth Circuit holding in U.S. v. Martin, 561 F.2d 135 (8th Cir. 1977), we held that prosecutorial misconduct motivated by bad faith that caused prejudice to the defendant enough to merit a mistrial would bar retrial. | 1 | 2002–2002 |
Jackson v. State
green
2 sentences1998See Oregon v. Kennedy, 456 U.S. 667 (1982); Jackson v. State, 322 Ark. 710 , 911 S.W.2d 578 (1995). 1998See Oregon v. Kennedy, 456 U.S. 667 (1982); Jackson v. State, 322 Ark. 710 , 911 S.W.2d 578 (1995). | 1 | 1998–1998 |
Chaviers v. State
green
2 sentences1981The basis for granting a mistrial and the standard of review concerning mistrials was stated by the Arkansas Supreme Court in Chaviers v. State, 267 Ark. 6 , 588 S.W. 2d 434 (1979): We have many times said that declaring a mistrial is an extreme and drastic remedy which should be resorted to only when there has been an error so prejudicial that justice could not be served by continuing the trial. . . . 1981The basis for granting a mistrial and the standard of review concerning mistrials was stated by the Arkansas Supreme Court in Chaviers v. State, 267 Ark. 6 , 588 S.W. 2d 434 (1979): We have many times said that declaring a mistrial is an extreme and drastic remedy which should be resorted to only when there has been an error so prejudicial that justice could not be served by continuing the trial. . . . | 1 | 1981–1981 |
Shaddox v. State
green
2 sentences1978Overruling the objection and refusing to declare a mistrial was not error.” In Shaddox v. State, 244 Ark. 747 , 427 S.W. 2d 198 , objection and motion for a mistrial were based on the contention that certain remarks amounted to a comment on the appellant’s failure to take the witness stand. 1978Overruling the objection and refusing to declare a mistrial was not error.” In Shaddox v. State, 244 Ark. 747 , 427 S.W. 2d 198 , objection and motion for a mistrial were based on the contention that certain remarks amounted to a comment on the appellant’s failure to take the witness stand. | 1 | 1978–1978 |
Gammel v. State
green
2 sentences1976The applicable standard is stated in Gammel and Spann v. State, 259 Ark. 96 , 531 S.W. 2d 474 : “Declaring a mistrial is an extreme remedy which should be granted only where there has been an error so prejudicial that justice could not be served by continuation of the trial. [Citation omitted.] It should not be granted when any possible prejudice could be removed by an admonition to the jury. [Citation omitted.] It certainly was not called for in this case. 1976The applicable standard is stated in Gammel and Spann v. State, 259 Ark. 96 , 531 S.W. 2d 474 : “Declaring a mistrial is an extreme remedy which should be granted only where there has been an error so prejudicial that justice could not be served by continuation of the trial. [Citation omitted.] It should not be granted when any possible prejudice could be removed by an admonition to the jury. [Citation omitted.] It certainly was not called for in this case. | 1 | 1976–1976 |
Davis v. State
green
2 sentences1975Moore v. State, 244 Ark. 1197 , 429 S.W. 2d 122 ; Edens v. State, 235 Ark. 996 , 363 S.W. 2d 923 ; Ferrell v. State, 177 Ark. 742 , 9 S.W. 2d 15 ; Davis v. State, 96 Ark. 7 , 130 S.W. 2d 547 . 1975Moore v. State, 244 Ark. 1197 , 429 S.W.2d 122 ; Edens v. State, 235 Ark. 996 , 363 S.W.2d 923 ; Ferrell v. State, 177 Ark. 742 , 9 S.W.2d 15 ; Davis v. State, 96 Ark. 7 , 130 S.W.2d 547 . | 1 | 1975–1975 |
State Ex Rel. Lee v. Sartorius
neutral
2 sentences1975Moore v. State, 244 Ark. 1197 , 429 S.W. 2d 122 ; Edens v. State, 235 Ark. 996 , 363 S.W. 2d 923 ; Ferrell v. State, 177 Ark. 742 , 9 S.W. 2d 15 ; Davis v. State, 96 Ark. 7 , 130 S.W. 2d 547 . 1975Moore v. State, 244 Ark. 1197 , 429 S.W.2d 122 ; Edens v. State, 235 Ark. 996 , 363 S.W.2d 923 ; Ferrell v. State, 177 Ark. 742 , 9 S.W.2d 15 ; Davis v. State, 96 Ark. 7 , 130 S.W.2d 547 . | 1 | 1975–1975 |
Ferrell v. State
neutral
2 sentences1975Moore v. State, 244 Ark. 1197 , 429 S.W. 2d 122 ; Edens v. State, 235 Ark. 996 , 363 S.W. 2d 923 ; Ferrell v. State, 177 Ark. 742 , 9 S.W. 2d 15 ; Davis v. State, 96 Ark. 7 , 130 S.W. 2d 547 . 1975Moore v. State, 244 Ark. 1197 , 429 S.W. 2d 122 ; Edens v. State, 235 Ark. 996 , 363 S.W. 2d 923 ; Ferrell v. State, 177 Ark. 742 , 9 S.W. 2d 15 ; Davis v. State, 96 Ark. 7 , 130 S.W. 2d 547 . | 1 | 1975–1975 |
Edens v. State
green
2 sentences1975Moore v. State, 244 Ark. 1197 , 429 S.W. 2d 122 ; Edens v. State, 235 Ark. 996 , 363 S.W. 2d 923 ; Ferrell v. State, 177 Ark. 742 , 9 S.W. 2d 15 ; Davis v. State, 96 Ark. 7 , 130 S.W. 2d 547 . 1975Moore v. State, 244 Ark. 1197 , 429 S.W. 2d 122 ; Edens v. State, 235 Ark. 996 , 363 S.W. 2d 923 ; Ferrell v. State, 177 Ark. 742 , 9 S.W. 2d 15 ; Davis v. State, 96 Ark. 7 , 130 S.W. 2d 547 . | 1 | 1975–1975 |
Moore v. State
green
2 sentences1975Moore v. State, 244 Ark. 1197 , 429 S.W. 2d 122 ; Edens v. State, 235 Ark. 996 , 363 S.W. 2d 923 ; Ferrell v. State, 177 Ark. 742 , 9 S.W. 2d 15 ; Davis v. State, 96 Ark. 7 , 130 S.W. 2d 547 . 1975Moore v. State, 244 Ark. 1197 , 429 S.W. 2d 122 ; Edens v. State, 235 Ark. 996 , 363 S.W. 2d 923 ; Ferrell v. State, 177 Ark. 742 , 9 S.W. 2d 15 ; Davis v. State, 96 Ark. 7 , 130 S.W. 2d 547 . | 1 | 1975–1975 |
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.
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.