abuse of the writ doctrine (Arkansas) · Go Syfert
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abuse of the writ doctrine in Arkansas

12 Arkansas opinions name it 1 courts 2018–2025 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 (3)

CaseFollowedCited
Watts v. Kelleygreen
ark · 2019 · cited in 5 Arkansas opinions naming this issue, 2020–2023
2 sentences

2023Watts v. Kelley, 2019 Ark. 207 , 575 S.W.3d 558 .

2023Watts v. Kelley, 2019 Ark. 207 , 575 S.W.3d 558 .

15
ANARIAN CHAD JACKSON v. WENDY KELLEY, DIRECTOR, ARKANSAS DEPARTMENT OF CORRECTIONgreen
ark · 2020 · cited in 4 Arkansas opinions naming this issue, 2020–2023
2 sentences

2023We recently described the doctrine in Jackson v. Kelley, 2020 Ark. 251, at 4 , 602 S.W.3d 739 , 742: The abuse-of-the-writ doctrine may apply in habeas proceedings to subsume res judicata when the petitioner raises the same arguments addressed previously without bringing forward additional facts that would support his or her argument.

2020As I noted in my concurring opinion in Jackson v. Kelley, 2020 Ark. 251 , 602 S.W.3d 739 , the abuse-of-the-writ doctrine was announced by the Supreme Court of the United States in Wong Doo v. United States, 265 U.S. 239 (1924).

14
Jessie Hill v. Dexter Payne, Director, Arkansas Division of Correctiongreen
ark · 2024 · cited in 1 Arkansas opinions naming this issue, 2025–2025
1 sentence

2025See Hill, 2024 Ark. 54 .

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 (6)

CaseCitedYears
Wong Doo v. United States green
scotus · 1924
2 sentences

2023The abuse-of-the-writ-doctrine has been a standard part of habeas corpus jurisprudence since it was announced by the Supreme Court of the United States in Wong 4 Doo v. United States, 265 U.S. 239 (1924).

2020The abuse-of-the-writ doctrine was announced by the Supreme Court of the United States in Wong Doo v. United States, 265 U.S. 239 (1924).

32020–2023
Anderson v. Kelley green
ark · 2018
2 sentences

2019Anderson v. Kelley , 2018 Ark. 222 , at 4 n.3, 549 S.W.3d 913 , 915 n.3.

2018Id.

22018–2019
Charles E. Jones v. Dexter Payne, Director, Arkansas Division of Correction neutral
ark · 2021
2 sentences

2025Jones v. Payne, 2021 Ark. 37 , 618 S.W.3d 132 .

2025Jones v. Payne, 2021 Ark. 37 , 618 S.W.3d 132 .

12025–2025
MICHAEL ANDERSON v. DEXTER PAYNE, DIRECTOR, ARKANSAS DEPARTMENT OF CORRECTION neutral
ark · 2021
1 sentence

2024Anderson v. Payne, 2021 Ark. 44 .

12024–2024
Michael Anderson v. Wendy Kelley, Director, Arkansas Department of Correction green
ark · 2020
2 sentences

2021Anderson, 2020 Ark. 197 , 600 S.W.3d 544 ; see Jackson v. Kelley, 2020 Ark. 251 , 602 S.W.3d 739 .

2021Anderson, 2020 Ark. 197 , 600 S.W.3d 544 ; see Jackson v. Kelley, 2020 Ark. 251 , 602 S.W.3d 739 .

12021–2021
Joe E. Morgan v. Dexter Payne, Director, Arkansas Department of Correction neutral
ark · 2020
2 sentences

2020Morgan v. Payne, 2020 Ark. 239 , 602 S.W.3d 736 .

2020Morgan v. Payne, 2020 Ark. 239 , 602 S.W.3d 736 .

12020–2020

Statutes the citing opinions construe

AR § Ark. Code Ann. § 16-112-103 (5) AR § Ark. Code Ann. § 16-112-101 (4) AR § Ark. Code Ann. § 16-112-201 (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 12 (2018–2025) WA 8 (2000–2011) TX 6 (1998–2013) AL 5 (1997–2002) VI 5 (2013–2016) VT 4 (2007–2021) OH 2 (1994–1994) CA 2 (2012–2012) DC 2 (2025–2026)

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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