skip rule in Arkansas

15 Arkansas opinions name it 2 courts 1992–2025 2 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 (3)

Case	Followed	Cited
Easter v. Stategreen ark · 1991 · cited in 5 Arkansas opinions naming this issue, 1996–2016 2 sentences 2004See, e.g., Easter v. State, 306 Ark. 615 , 816 S.W.2d 602 (1991); Taylor v. State, 303 Ark. 586 , 799 S.W.2d 519 (1990).This is commonly referred to as “the skip rule.”When the jury convicts of a greater offense and “skips” a lesser included offense, there can be no error in failing to instruct on other even lesser included offenses. 2004See, e.g., Easter v. State, 306 Ark. 615 , 816 S.W.2d 602 (1991); Taylor v. State, 303 Ark. 586 , 799 S.W.2d 519 (1990).This is commonly referred to as “the skip rule.”When the jury convicts of a greater offense and “skips” a lesser included offense, there can be no error in failing to instruct on other even lesser included offenses.	2	5
Rainey v. Stategreen ark · 1992 · cited in 4 Arkansas opinions naming this issue, 1996–2021 2 sentences 2021Gray argues that there was no strategically sound reason for trial counsel not to have pursued an instruction on reckless manslaughter or “imperfect self-defense.” In Rainey v. State, 310 Ark. 419 , 837 S.W.2d 453 (1992), which was cited in the Boyle footnote, the supreme court in dicta said that the skip rule would likely apply to a reckless-manslaughter instruction, where the defendant had been convicted of first-degree murder, because recklessness is a less culpable mental state than purposefulness, and “it fits within the chain. 2021Gray argues that there was no strategically sound reason for trial counsel not to have pursued an instruction on reckless manslaughter or “imperfect self-defense.” In Rainey v. State, 310 Ark. 419 , 837 S.W.2d 453 (1992), which was cited in the Boyle footnote, the supreme court in dicta said that the skip rule would likely apply to a reckless-manslaughter instruction, where the defendant had been convicted of first-degree murder, because recklessness is a less culpable mental state than purposefulness, and “it fits within the chain.	1	4
Hinkston v. Stategreen ark · 2000 · cited in 1 Arkansas opinions naming this issue, 2005–2005 2 sentences 2005See Rainey v. State, 310 Ark. 419 , 837 S.W.2d 453 (1992). [3] Hinkston v. State, 340 Ark. 530 , 10 S.W.3d 906 (2000)(we review rulings regarding the admissibility of expert testimony for abuse of discretion). 2005See Rainey v. State, 310 Ark. 419 , 837 S.W.2d 453 (1992). [3] Hinkston v. State, 340 Ark. 530 , 10 S.W.3d 906 (2000)(we review rulings regarding the admissibility of expert testimony for abuse of discretion).	1	1

Distinguished, questioned or overruled (0)

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

Also cited on this issue (14)

Case	Cited	Years
Harris v. State neutral ark · 1987 2 sentences 2005Id. (quoting Easter v. State, 306 Ark. 615 , 816 S.W.2d 602 (1991)). 2005Id. (quoting Easter v. State, 306 Ark. 615 , 816 S.W.2d 602 (1991)).	2	2002–2005
Farris v. State green ark · 1890 2 sentences 2004Farris v. State, 54 Ark. 4 , 14 S.W. 924 (1890); Jones v. State, 102 Ark. 195 , 143 S.W. 907 (1912); Newsome v. State, 214 Ark. 48 , 214 S.W.2d 778 (1948). 2004Farris v. State, 54 Ark. 4 , 14 S.W. 924 (1890); Jones v. State, 102 Ark. 195 , 143 S.W. 907 (1912); Newsome v. State, 214 Ark. 48 , 214 S.W.2d 778 (1948).	2	1992–2004
Jones v. State neutral ark · 1912 2 sentences 2004Farris v. State, 54 Ark. 4 , 14 S.W. 924 (1890); Jones v. State, 102 Ark. 195 , 143 S.W. 907 (1912); Newsome v. State, 214 Ark. 48 , 214 S.W.2d 778 (1948). 2004Farris v. State, 54 Ark. 4 , 14 S.W. 924 (1890); Jones v. State, 102 Ark. 195 , 143 S.W. 907 (1912); Newsome v. State, 214 Ark. 48 , 214 S.W.2d 778 (1948).	2	1992–2004
Newsome v. State neutral ark · 1948 2 sentences 2004Farris v. State, 54 Ark. 4 , 14 S.W. 924 (1890); Jones v. State, 102 Ark. 195 , 143 S.W. 907 (1912); Newsome v. State, 214 Ark. 48 , 214 S.W.2d 778 (1948). 2004Farris v. State, 54 Ark. 4 , 14 S.W. 924 (1890); Jones v. State, 102 Ark. 195 , 143 S.W. 907 (1912); Newsome v. State, 214 Ark. 48 , 214 S.W.2d 778 (1948).	2	1992–2004
Sims v. State green ark · 2015 2 sentences 2025Sims v. State, 2015 Ark. 363 , 472 S.W.3d 107 . 2025Sims v. State, 2015 Ark. 363 , 472 S.W.3d 107 .	1	2025–2025
Flowers v. State green ark · 2005 2 sentences 2018Flowers v. State , 362 Ark. 193 , 214, 208 S.W.3d 113 , 129 (2005). 2018Flowers v. State , 362 Ark. 193 , 214, 208 S.W.3d 113 , 129 (2005).	1	2018–2018
Starling v. State green ark · 2016 2 sentences 2016Indeed, decisions relying on the skip rule have engendered a dissent and two concurrences, which indicates that this issue is not so well 12 Cite as 2016 Ark. 20 settled as to make an appellate argument about the entitlement to a reckless-manslaughter instruction wholly frivolous. 2016Indeed, decisions relying on the skip rule have engendered a dissent and two concurrences, which indicates that this issue is not so well 12 Cite as 2016 Ark. 20 settled as to make an appellate argument about the entitlement to a reckless-manslaughter instruction wholly frivolous.	1	2016–2016
Kelly v. State green arkctapp · 2002 1 sentence 2014Id.	1	2014–2014
Yankaway v. State green ark · 2006 2 sentences 2009Vidos v. State, 367 Ark. 296 , 239 S.W.3d 467 (2006); Yankaway, 366 Ark. 18 , 233 S.W.3d 136 . 2009Vidos v. State, 367 Ark. 296 , 239 S.W.3d 467 (2006); Yankaway, 366 Ark. 18 , 233 S.W.3d 136 .	1	2009–2009
Vidos v. State green ark · 2006 2 sentences 2009Vidos v. State, 367 Ark. 296 , 239 S.W.3d 467 (2006); Yankaway, 366 Ark. 18 , 233 S.W.3d 136 . 2009Vidos v. State, 367 Ark. 296 , 239 S.W.3d 467 (2006); Yankaway, 366 Ark. 18 , 233 S.W.3d 136 .	1	2009–2009
Jones v. Henderson green scotus · 1999 1 sentence 2005McFarland v. State, 337 Ark. 386 , 989 S.W.2d 899 , cert. denied, 528 U.S. 933 (1999).	1	2005–2005
McFarland v. State green ark · 1999 2 sentences 2005McFarland v. State, 337 Ark. 386 , 989 S.W.2d 899 , cert. denied, 528 U.S. 933 (1999). 2005McFarland v. State, 337 Ark. 386 , 989 S.W.2d 899 , cert. denied, 528 U.S. 933 (1999).	1	2005–2005
Taylor v. State green ark · 1990 2 sentences 2004See, e.g., Easter v. State, 306 Ark. 615 , 816 S.W.2d 602 (1991); Taylor v. State, 303 Ark. 586 , 799 S.W.2d 519 (1990).This is commonly referred to as “the skip rule.”When the jury convicts of a greater offense and “skips” a lesser included offense, there can be no error in failing to instruct on other even lesser included offenses. 2004See, e.g., Easter v. State, 306 Ark. 615 , 816 S.W.2d 602 (1991); Taylor v. State, 303 Ark. 586 , 799 S.W.2d 519 (1990).This is commonly referred to as “the skip rule.”When the jury convicts of a greater offense and “skips” a lesser included offense, there can be no error in failing to instruct on other even lesser included offenses.	1	2004–2004
Cooper v. State green ark · 1996 2 sentences 2004Cooper v. State, 324 Ark. 135 , 919 S.W.2d 205 (1996). 2004Cooper v. State, 324 Ark. 135 , 919 S.W.2d 205 (1996).	1	2004–2004

Statutes the citing opinions construe

AR § Ark. Code Ann. § 5-10-104 (7) AR § Ark. Code Ann. § 5-1-110 (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

KS 17 (2004–2024) AR 15 (1992–2025)

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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