Franks violation (Arkansas) · Go Syfert
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Franks violation in Arkansas

6 Arkansas opinions name it 2 courts 1998–2018 0 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 (1)

CaseFollowedCited
Franks v. Delawaregreen
scotus · 1978 · cited in 4 Arkansas opinions naming this issue, 1998–2005
2 sentences

2005Specifically, appellants assert that Officer Richardson “omitted relevant facts, made false statements or, at best, recklessly disregarded the truth.” Franks v. Delaware, 438 U.S. 154 (1978), contains the proper analysis for determining whether false material, misleading information, or omissions render an affidavit in support of a search warrant fatally defective.

2005Specifically, appellants assert that Officer Richardson “omitted relevant facts, made false statements or, at best, recklessly disregarded the truth.” Franks v. Delaware, 438 U.S. 154 (1978), contains the proper analysis for determining whether false material, misleading information, or omissions render an affidavit in support of a search warrant fatally defective.

14

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 (4)

CaseCitedYears
State v. Cherry green
ark · 2000
2 sentences

2018State v. Cherry , 341 Ark. 924 , 931, 20 S.W.3d 354 , 358 (2000).

2018State v. Cherry , 341 Ark. 924 , 931, 20 S.W.3d 354 , 358 (2000).

12018–2018
Franks v. State green
ark · 1991
2 sentences

2018In Franks v. State , 306 Ark. 75 , 811 S.W.2d 301 (1991), the jurors used a dictionary to look up the definition of "premeditation." This court affirmed the denial of Franks's motion for new trial, writing: "While we agree that, generally, it is misconduct for a jury to seek out reading material without the knowledge of the court and the parties, prejudice does not occur in every case." Furthermore, this court has observed that a defendant is entitled to a fair trial, not a perfect trial.

2018In Franks v. State , 306 Ark. 75 , 811 S.W.2d 301 (1991), the jurors used a dictionary to look up the definition of "premeditation." This court affirmed the denial of Franks's motion for new trial, writing: "While we agree that, generally, it is misconduct for a jury to seek out reading material without the knowledge of the court and the parties, prejudice does not occur in every case." Furthermore, this court has observed that a defendant is entitled to a fair trial, not a perfect trial.

12018–2018
State v. Rufus green
ark · 1999
2 sentences

2011Rufus, 338 Ark. at 314 , 993 S.W.2d at 495 .

2011Rufus, 338 Ark. at 314 , 993 S.W.2d at 495 .

12011–2011
Collins v. State green
ark · 1983
2 sentences

2011Citing to Collins v. State, 280 Ark. 453 , 658 S.W.2d 877 (1983), Moss next argues that |7Petective Marx’s affidavit is defective because it failed-to reference a specific time when Moss and Thomas allegedly smoked marijuana in the residence and failed to establish that a criminal activity was occurring.

2011Citing to Collins v. State, 280 Ark. 453 , 658 S.W.2d 877 (1983), Moss next argues that |7Petective Marx’s affidavit is defective because it failed-to reference a specific time when Moss and Thomas allegedly smoked marijuana in the residence and failed to establish that a criminal activity was occurring.

12011–2011

Where else courts name it

TX 204 (1980–2025) IL 109 (1981–2026) NJ 66 (1979–2026) WA 66 (1984–2026) MA 53 (1983–2025) CT 44 (1985–2021) CA 41 (1985–2026) OH 41 (1995–2025) NY 33 (1987–2024) IA 29 (1982–2026) DE 27 (2006–2026) MI 22 (1976–2024) VA 21 (1990–2025) SC 21 (1999–2026) MD 20 (1992–2026) PA 19 (2015–2025) WI 19 (1985–2026) ND 16 (1986–2017) ME 16 (1993–2023) KS 15 (1996–2026) ID 13 (1985–2026) RI 13 (1986–2025) FL 12 (1979–2024) MN 12 (2001–2024) AZ 11 (1985–2024) IN 11 (1980–2025) MO 11 (1991–2024) NE 9 (1994–2024) UT 9 (1986–2024) KY 7 (2001–2026) WY 6 (2019–2026) AR 6 (1998–2018) MT 5 (1997–2025) GA 5 (1995–2019) TN 5 (2011–2021) NV 4 (2015–2024) NC 4 (2010–2020) AL 4 (2005–2017) MS 3 (2021–2023) NM 2 (2001–2024) OK 2 (1998–2006) WV 2 (1996–2003) OR 2 (1992–2002) HI 2 (2021–2021)

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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