9 Arkansas opinions name it 2 courts 1996–2026 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 |
|---|---|---|
Reams v. Stategreen2 sentences2020See Reams v. State, 2018 Ark. 324 , at 16, 560 S.W.3d 441, 452 (citing McKaskle v. Wiggins, 465 U.S. 168 (1984)). 2020Reams v. State, 2018 Ark. 324 , 560 S.W.3d 441 . | 1 | 2 |
McKaskle v. Wigginsgreen1 sentence2020See Reams v. State, 2018 Ark. 324 , at 16, 560 S.W.3d 441, 452 (citing McKaskle v. Wiggins, 465 U.S. 168 (1984)). | 1 | 1 |
California v. Roygreen2 sentences2015See Neder v. United States, 527 U.S. 1 , 119 S.Ct. 1827 , 144 L.Ed.2d 35 (1999) (applying the harmless-error analysis to an instruction that omitted the materiality element of a tax offense); see also California v. Roy, 519 U.S. 2 , 117 S.Ct. 337 , 136 L.Ed.2d 266 (1996) (per curiam) (applying the harmless-error analysis |Bto an instruction that failed to instruct the jury that it could convict the defendant as an aider and abettor only if it found that the defendant had the “intent or purpose” of aiding the confederate’s crime); Sasser v. State, 338 Ark. 375 , 993 S.W.2d 901 (1999) (holding t 2015See Neder v. United States, 527 U.S. 1 , 119 S.Ct. 1827 , 144 L.Ed.2d 35 (1999) (applying the harmless-error analysis to an instruction that omitted the materiality element of a tax offense); see also California v. Roy, 519 U.S. 2 , 117 S.Ct. 337 , 136 L.Ed.2d 266 (1996) (per curiam) (applying the harmless-error analysis |Bto an instruction that failed to instruct the jury that it could convict the defendant as an aider and abettor only if it found that the defendant had the “intent or purpose” of aiding the confederate’s crime); Sasser v. State, 338 Ark. 375 , 993 S.W.2d 901 (1999) (holding t | 1 | 1 |
Neder v. United Statesgreen2 sentences2015See Neder v. United States, 527 U.S. 1 , 119 S.Ct. 1827 , 144 L.Ed.2d 35 (1999) (applying the harmless-error analysis to an instruction that omitted the materiality element of a tax offense); see also California v. Roy, 519 U.S. 2 , 117 S.Ct. 337 , 136 L.Ed.2d 266 (1996) (per curiam) (applying the harmless-error analysis |Bto an instruction that failed to instruct the jury that it could convict the defendant as an aider and abettor only if it found that the defendant had the “intent or purpose” of aiding the confederate’s crime); Sasser v. State, 338 Ark. 375 , 993 S.W.2d 901 (1999) (holding t 2015See Neder v. United States, 527 U.S. 1 , 119 S.Ct. 1827 , 144 L.Ed.2d 35 (1999) (applying the harmless-error analysis to an instruction that omitted the materiality element of a tax offense); see also California v. Roy, 519 U.S. 2 , 117 S.Ct. 337 , 136 L.Ed.2d 266 (1996) (per curiam) (applying the harmless-error analysis |Bto an instruction that failed to instruct the jury that it could convict the defendant as an aider and abettor only if it found that the defendant had the “intent or purpose” of aiding the confederate’s crime); Sasser v. State, 338 Ark. 375 , 993 S.W.2d 901 (1999) (holding t | 1 | 1 |
United States v. Gonzalez-Lopezgreen2 sentences2013Daniels v. State, 2013 Ark. 208 , at 6-7, 2013 WL 2149901 (per curiam) (citing United States v. Gonzalez-Lopez, 548 U.S. 140 , 126 S.Ct. 2557 , 165 L.Ed.2d 409 (2006)); see also United States v. Gonzalez-Lopez, 399 F.3d 924, 934 (8th Cir.2005), aff’d and remanded, 548 U.S. 140 , 126 S.Ct. 2557 , 165 L.Ed.2d 409 (stating that “the denial of the right to counsel of choice clearly belongs in the class of fundamental constitutional errors which reflect a defect in the framework of the trial mechanism”). 2013Daniels v. State, 2013 Ark. 208 , at 6-7, 2013 WL 2149901 (per curiam) (citing United States v. Gonzalez-Lopez, 548 U.S. 140 , 126 S.Ct. 2557 , 165 L.Ed.2d 409 (2006)); see also United States v. Gonzalez-Lopez, 399 F.3d 924, 934 (8th Cir.2005), aff’d and remanded, 548 U.S. 140 , 126 S.Ct. 2557 , 165 L.Ed.2d 409 (stating that “the denial of the right to counsel of choice clearly belongs in the class of fundamental constitutional errors which reflect a defect in the framework of the trial mechanism”). | 1 | 1 |
United States v. Cuauhtemoc Gonzalez-Lopez, Also Known as Tomasgreen1 sentence2013Daniels v. State, 2013 Ark. 208 , at 6-7, 2013 WL 2149901 (per curiam) (citing United States v. Gonzalez-Lopez, 548 U.S. 140 , 126 S.Ct. 2557 , 165 L.Ed.2d 409 (2006)); see also United States v. Gonzalez-Lopez, 399 F.3d 924, 934 (8th Cir.2005), aff’d and remanded, 548 U.S. 140 , 126 S.Ct. 2557 , 165 L.Ed.2d 409 (stating that “the denial of the right to counsel of choice clearly belongs in the class of fundamental constitutional errors which reflect a defect in the framework of the trial mechanism”). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
Sullivan v. Louisianagreen2 sentences2015See Neder v. United States, 527 U.S. 1 , 119 S.Ct. 1827 , 144 L.Ed.2d 35 (1999) (applying the harmless-error analysis to an instruction that omitted the materiality element of a tax offense); see also California v. Roy, 519 U.S. 2 , 117 S.Ct. 337 , 136 L.Ed.2d 266 (1996) (per curiam) (applying the harmless-error analysis |Bto an instruction that failed to instruct the jury that it could convict the defendant as an aider and abettor only if it found that the defendant had the “intent or purpose” of aiding the confederate’s crime); Sasser v. State, 338 Ark. 375 , 993 S.W.2d 901 (1999) (holding t 2015See Neder v. United States, 527 U.S. 1 , 119 S.Ct. 1827 , 144 L.Ed.2d 35 (1999) (applying the harmless-error analysis to an instruction that omitted the materiality element of a tax offense); see also California v. Roy, 519 U.S. 2 , 117 S.Ct. 337 , 136 L.Ed.2d 266 (1996) (per curiam) (applying the harmless-error analysis |Bto an instruction that failed to instruct the jury that it could convict the defendant as an aider and abettor only if it found that the defendant had the “intent or purpose” of aiding the confederate’s crime); Sasser v. State, 338 Ark. 375 , 993 S.W.2d 901 (1999) (holding t | 1 | 1 |
| Case | Cited | Years |
|---|---|---|
Teater v. State
green
2 sentences2022App. 215 , 201 S.W.3d 442 (2005), without analysis or explanation, Gay asserts that a deficient jury instruction amounts to a structural error. 2022App. 215 , 201 S.W.3d 442 (2005), without analysis or explanation, Gay asserts that a deficient jury instruction amounts to a structural error. | 2 | 2022–2022 |
McCoy v. Louisiana
green
1 sentence2026Citing McCoy 18 v. Louisiana, 584 U.S. 414 (2018), Holly argues that this deprivation amounts to a structural error and that no demonstration of prejudice is required. | 1 | 2026–2026 |
Faretta v. California
green
1 sentence2020Faretta, supra. Importantly, the denial of the right to self-representation is not subject to a harmless-error analysis because it is deemed a structural error. | 1 | 2020–2020 |
Lilly v. State
green
1 sentence2016Lilly, 365 S.W.3d at 328 . | 1 | 2016–2016 |
Sasser v. State
green
2 sentences2015See Neder v. United States, 527 U.S. 1 , 119 S.Ct. 1827 , 144 L.Ed.2d 35 (1999) (applying the harmless-error analysis to an instruction that omitted the materiality element of a tax offense); see also California v. Roy, 519 U.S. 2 , 117 S.Ct. 337 , 136 L.Ed.2d 266 (1996) (per curiam) (applying the harmless-error analysis |Bto an instruction that failed to instruct the jury that it could convict the defendant as an aider and abettor only if it found that the defendant had the “intent or purpose” of aiding the confederate’s crime); Sasser v. State, 338 Ark. 375 , 993 S.W.2d 901 (1999) (holding t 2015See Neder v. United States, 527 U.S. 1 , 119 S.Ct. 1827 , 144 L.Ed.2d 35 (1999) (applying the harmless-error analysis to an instruction that omitted the materiality element of a tax offense); see also California v. Roy, 519 U.S. 2 , 117 S.Ct. 337 , 136 L.Ed.2d 266 (1996) (per curiam) (applying the harmless-error analysis |Bto an instruction that failed to instruct the jury that it could convict the defendant as an aider and abettor only if it found that the defendant had the “intent or purpose” of aiding the confederate’s crime); Sasser v. State, 338 Ark. 375 , 993 S.W.2d 901 (1999) (holding t | 1 | 2015–2015 |
Springs v. State
green
1 sentence2013Springs, supra; Sasser, supra. Erroneous deprivation of the right to counsel of choice is a structural error. | 1 | 2013–2013 |
United States v. Gaudin
green
1 sentence1996Hall petitions for rehearing and cites U.S. v. Gaudin, _ U.S. _, 115 S.Ct. 2310 (1995), for the proposition that our decision improperly failed to entertain the jury-instruction issue raised herein as a structural error. | 1 | 1996–1996 |
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.