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68 Arkansas opinions name it 3 courts 1908–2025 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.
| Case | Followed | Cited |
|---|---|---|
Chapman v. Californiared2 sentences2022The test for determining whether a constitutional error is harmless is whether it appears “beyond a reasonable doubt that the error complained of did not contribute to the verdict obtained.” Id. at 15 (quoting Chapman v. California, 386 U.S. 18, 24 (1967)). 2005In Bradley v. State, 320 Ark. 100, 105 , 896 S.W.2d 425, 428 (1995), the supreme court explained, In Chapman v. California, 386 U.S. 18 , 87 S.Ct. 824 , 17 L.Ed.2d 705 (1967), the Supreme Court declared that references to a defendant’s failure to testify violate the Fifth Amendment privilege against self-incrimination, but can be harmless error if it is shown beyond a reasonable doubt that the error did not influence the verdict. | 7 | 16 |
Jones v. Stategreen2 sentences2023To conclude that a constitutional error is harmless and does not mandate a reversal, this court must conclude beyond a reasonable doubt that the error did not contribute to the verdict.” Jones v. State, 336 Ark. 191, 207 , 984 S.W.2d 432, 440 (1999). 2023To conclude that a constitutional error is harmless and does not mandate a reversal, this court must conclude beyond a reasonable doubt that the error did not contribute to the verdict.” Jones v. State, 336 Ark. 191, 207 , 984 S.W.2d 432, 440 (1999). | 5 | 9 |
Schalski v. Stategreen2 sentences2017See Schalski v. State, 322 Ark. 63 , 907 S.W.2d 693 (1995). 2017See Schalski v. State, 322 Ark. 63 , 907 S.W.2d 693 (1995). | 4 | 7 |
Jones v. Stategreen2 sentences2014Jones v. State, 340 Ark. 390, 402 , 10 S.W.3d 449, 456 (2000) (alteration in original) (quoting Gates v. State, 338 Ark. 530, 538 , 2 S.W.3d 40, 44 (1999)). 2014Jones v. State, 340 Ark. 390, 402 , 10 S.W.3d 449, 456 (2000) (alteration in original) (quoting Gates v. State, 338 Ark. 530, 538 , 2 S.W.3d 40, 44 (1999)). | 3 | 6 |
Criddle v. Stategreen2 sentences2017See Criddle v. State, 338 Ark. 744, 749-50 , 1 S.W.3d 436, 439-40 (1999). 2017See Criddle v. State, 338 Ark. 744, 749-50 , 1 S.W.3d 436, 439-40 (1999). | 2 | 3 |
Sparkman v. Stategreen2 sentences2019Id. 2015Id. | 1 | 5 |
Bradley v. Stategreen2 sentences2005In Bradley v. State, 320 Ark. 100, 105 , 896 S.W.2d 425, 428 (1995), the supreme court explained, In Chapman v. California, 386 U.S. 18 , 87 S.Ct. 824 , 17 L.Ed.2d 705 (1967), the Supreme Court declared that references to a defendant’s failure to testify violate the Fifth Amendment privilege against self-incrimination, but can be harmless error if it is shown beyond a reasonable doubt that the error did not influence the verdict. 2005In Bradley v. State, 320 Ark. 100, 105 , 896 S.W.2d 425, 428 (1995), the supreme court explained, In Chapman v. California, 386 U.S. 18 , 87 S.Ct. 824 , 17 L.Ed.2d 705 (1967), the Supreme Court declared that references to a defendant’s failure to testify violate the Fifth Amendment privilege against self-incrimination, but can be harmless error if it is shown beyond a reasonable doubt that the error did not influence the verdict. | 1 | 2 |
Griffin v. Californiagreen2 sentences1999Griffin v. Calfornia, 380 U.S. 609 (1965)(citing Chapman, supra). 1998In Bradley v. State, supra, this court discussed what is required to find that a prosecutor’s improper comment on the defendant’s constitutional right not to testify was harmless error: In Chapman v. California, 386 U.S. 18 (1967), the Supreme Court declared that references to a defendant’s failure to testify violate the Fifth Amendment privilege against self-incrimination, but can be harmless error if it is shown beyond a reasonable doubt that the error did not influence the verdict. [Griffin v. California, 380 U.S. 609, 615 (1965).] Practical application of the Chapman test involves excising | 1 | 2 |
Reynolds v. Stategreen2 sentences2022Further, Reynolds v. State, 1 We disagree with the State’s argument that this point is not preserved, and we find Douglas v. State, 2017 Ark. 70 , 511 S.W.3d 852 , distinguishable. 2 Arkansas Code Annotated section 5-39-201(a)(1) (Repl. 2013) provides that “[a] person commits residential burglary if [he] enters or remains unlawfully in a residential occupiable structure of another person with the purpose of committing in the residential occupiable structure any offense punishable by imprisonment.” 2 341 Ark. 387, 393 , 18 S.W.3d 331, 334 (2000) (citing United States v. West, 28 F.3d 748 (8th C 2022Further, Reynolds v. State, 1 We disagree with the State’s argument that this point is not preserved, and we find Douglas v. State, 2017 Ark. 70 , 511 S.W.3d 852 , distinguishable. 2 Arkansas Code Annotated section 5-39-201(a)(1) (Repl. 2013) provides that “[a] person commits residential burglary if [he] enters or remains unlawfully in a residential occupiable structure of another person with the purpose of committing in the residential occupiable structure any offense punishable by imprisonment.” 2 341 Ark. 387, 393 , 18 S.W.3d 331, 334 (2000) (citing United States v. West, 28 F.3d 748 (8th C | 1 | 1 |
| Gates v. Stategreen | 1 | 1 |
| Matter of JRBgreen | 1 | 1 |
| Valerie M. v. Arizona Department of Economic Securitygreen | 1 | 1 |
| Lamb v. Stategreen | 1 | 1 |
| Dunn v. Stategreen | 1 | 1 |
| Bledsoe v. Stategreen | 1 | 1 |
| Landreth v. Stategreen | 1 | 1 |
| Graves & Parham v. Stategreen | 1 | 1 |
| Yates v. Evattgreen | 1 | 1 |
| Delaware v. Van Arsdallgreen | 1 | 1 |
| People in Interest of CBgreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Arkansas. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Vann v. State
green
2 sentences2007Schalski v. State, 322 Ark. 63 , 907 S.W.2d 693 (1995); Vann v. State, 309 Ark. 303 , 831 S.W.2d 126 (1992). 2007Schalski v. State, 322 Ark. 63 , 907 S.W.2d 693 (1995); Vann v. State, 309 Ark. 303 , 831 S.W.2d 126 (1992). | 5 | 1999–2007 |
Logan v. State
green
2 sentences2005Logan v. State, 299 Ark. 266 , 773 S.W.2d 413 (1989). 2005Logan v. State, 299 Ark. 266 , 773 S.W.2d 413 (1989). | 4 | 1995–2005 |
Allen v. State
green
2 sentences2004See Jones v. State, 336 Ark. 191 , 984 S.W.2d 432 (1999); Allen v. State, 310 Ark. 384 , 838 S.W.2d 346 (1992); see also Chapman v. California, 386 U.S. 18 (1967). 2004See Jones v. State, 336 Ark. 191 , 984 S.W.2d 432 (1999); Allen v. State, 310 Ark. 384 , 838 S.W.2d 346 (1992); see also Chapman v. California, 386 U.S. 18 (1967). | 4 | 1999–2004 |
Livingston v. State
green
2 sentences2020Livingston v. State, 2013 Ark. 264 , 428 S.W.3d 474 . 2020Livingston v. State, 2013 Ark. 264 , 428 S.W.3d 474 . | 3 | 2015–2020 |
Estelle v. Williams
green
2 sentences2017Id. at 635 . 13 Cite as 2017 Ark. 107 In any event, and even though not required to do so, Hinton did establish prejudice. 2017Id. at 635 . 13 Cite as 2017 Ark. 207 In any event, and even though not required to do so, Hinton did establish prejudice. | 2 | 2017–2017 |
Riggs v. State
green
2 sentences2004Riggs v. State, 339 Ark. 111 , 3 S.W.3d 305 (1999). 2004Riggs v. State, 339 Ark. 111 , 3 S.W.3d 305 (1999). | 2 | 2001–2004 |
Lasater v. State
neutral
2 sentences1926Appellants saved an exception to the refusal of the court to give the following instruction: “If any of the testimony in the case is susceptible to two constructions, one of guilt and one of innocence, then it is your duty to give it the construction of innocence.” In the case of Lasater v. State, 77 Ark. 468 , Mr. Justice Riddick said: “The doctrine of reasonable doubt does not apply to the different items that make up the proof of guilt.” This is a question which arises upon a consideration of all the testimony in the case. 1916“The doctrine of reasonable doubt,” said this court in the case of Lackey v. State, 67 Ark. 416 , “applies to the general issue of guilty or not guilty; but it does not apply to each item of testimony.or to each circumstance tending to show the guilt of the defendant.” ■ In Lasater v. State, 77 Ark. 468 , the court held that in the trial of a •criminal case where corroboration was required, it was not essential that the State establish the corroboration beyond a reasonable doubt. | 2 | 1916–1926 |
Lewis v. State
green
1 sentence2025Id. at 12, 571 S.W.3d at 505 . | 1 | 2025–2025 |
United States v. Matthew West
green
1 sentence2022Further, Reynolds v. State, 1 We disagree with the State’s argument that this point is not preserved, and we find Douglas v. State, 2017 Ark. 70 , 511 S.W.3d 852 , distinguishable. 2 Arkansas Code Annotated section 5-39-201(a)(1) (Repl. 2013) provides that “[a] person commits residential burglary if [he] enters or remains unlawfully in a residential occupiable structure of another person with the purpose of committing in the residential occupiable structure any offense punishable by imprisonment.” 2 341 Ark. 387, 393 , 18 S.W.3d 331, 334 (2000) (citing United States v. West, 28 F.3d 748 (8th C | 1 | 2022–2022 |
Neder v. United States
green
1 sentence2022The test for determining whether a constitutional error is harmless is whether it appears “beyond a reasonable doubt that the error complained of did not contribute to the verdict obtained.” Id. at 15 (quoting Chapman v. California, 386 U.S. 18, 24 (1967)). | 1 | 2022–2022 |
Morris v. State
neutral
1 sentence2022Id. | 1 | 2022–2022 |
Douglas v. State
green
2 sentences2022Further, Reynolds v. State, 1 We disagree with the State’s argument that this point is not preserved, and we find Douglas v. State, 2017 Ark. 70 , 511 S.W.3d 852 , distinguishable. 2 Arkansas Code Annotated section 5-39-201(a)(1) (Repl. 2013) provides that “[a] person commits residential burglary if [he] enters or remains unlawfully in a residential occupiable structure of another person with the purpose of committing in the residential occupiable structure any offense punishable by imprisonment.” 2 341 Ark. 387, 393 , 18 S.W.3d 331, 334 (2000) (citing United States v. West, 28 F.3d 748 (8th C 2022Further, Reynolds v. State, 1 We disagree with the State’s argument that this point is not preserved, and we find Douglas v. State, 2017 Ark. 70 , 511 S.W.3d 852 , distinguishable. 2 Arkansas Code Annotated section 5-39-201(a)(1) (Repl. 2013) provides that “[a] person commits residential burglary if [he] enters or remains unlawfully in a residential occupiable structure of another person with the purpose of committing in the residential occupiable structure any offense punishable by imprisonment.” 2 341 Ark. 387, 393 , 18 S.W.3d 331, 334 (2000) (citing United States v. West, 28 F.3d 748 (8th C | 1 | 2022–2022 |
Linquinton Dean v. State of Arkansas
green
1 sentence2022Id. | 1 | 2022–2022 |
Jefferson v. State
green
1 sentence2021Id. 18 We agree with the State that the prosecutor’s statements during closing argument were not a comment upon, or a veiled reference to, appellant’s failure to testify, nor did it shift the burden of proof to appellant. | 1 | 2021–2021 |
Swanigan v. Ark. Dep't of Correction
green
1 sentence2020Dep’t of Corr., 2014 Ark. 196 . 5 constitutional error is harmless and does not mandate reversal, the appellate court must determine beyond a reasonable doubt that the error did not contribute to the verdict. | 1 | 2020–2020 |
Coleman v. State
green
2 sentences2020Coleman v. State, 2017 Ark. 218 , 521 S.W.3d 483 . 2020Coleman v. State, 2017 Ark. 218 , 521 S.W.3d 483 . | 1 | 2020–2020 |
Deck v. Missouri
green
2 sentences2017Id. at 685 , 125 S.Ct. 2007 . luln any event, and even though not required to do so, Hinton did establish prejudice. 2017Id. at 685 , 125 S.Ct. 2007 . luln any event, and even though not required to do so, Hinton did establish prejudice. | 1 | 2017–2017 |
Swinford v. State
green
2 sentences2017App. 326 , 154 S.W.3d 262 (2004), to conclude that a constitutional error is harmless and does not mandate a reversal, our appellate courts must conclude beyond a reasonable doubt that the error did not contribute to the verdict. 2017Id. | 1 | 2017–2017 |
Hinton v. State
green
1 sentence2017Id. at 635 . 13 Cite as 2017 Ark. 207 In any event, and even though not required to do so, Hinton did establish prejudice. | 1 | 2017–2017 |
Hinton v. State
neutral
1 sentence2017Id. at 635 . 13 Cite as 2017 Ark. 107 In any event, and even though not required to do so, Hinton did establish prejudice. | 1 | 2017–2017 |
Decay v. State
green
2 sentences2016Id., 441 S.W.3d at 907 . 2016Id., 441 S.W.3d at 907 . | 1 | 2016–2016 |
| Kelly v. State green | 1 | 2014–2014 |
| Gwathney v. State green | 1 | 2014–2014 |
| Abdullah v. State green | 1 | 2013–2013 |
| MacKool v. State green | 1 | 2011–2011 |
| In Re Interest of DSP green | 1 | 2010–2010 |
| Matter of Bluebird green | 1 | 2010–2010 |
| Armstrong v. State green | 1 | 2008–2008 |
| Apprendi v. New Jersey green | 1 | 2005–2005 |
| Sullivan v. Louisiana green | 1 | 2004–2004 |
| Vanderkamp v. State neutral | 1 | 1992–1992 |
| Rudy Notaro v. United States green | 1 | 1989–1989 |
| Harrington v. California red | 1 | 1988–1988 |
| Matter of JL green | 1 | 1988–1988 |
| In Re WINSHIP green | 1 | 1988–1988 |
| Flaherty v. State green | 1 | 1986–1986 |
| Flaherty Et Al. v. Arkansas green | 1 | 1986–1986 |
| Cassell v. State green | 1 | 1983–1983 |
| Billy Ray Cox v. Terrell Don Hutto green | 1 | 1981–1981 |
| Fahy v. Connecticut green | 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.