generalized claim (Arkansas) · Go Syfert
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generalized claim in Arkansas

6 Arkansas opinions name it 2 courts 2007–2022 1 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
Camargo v. Stategreen
ark · 2001 · cited in 1 Arkansas opinions naming this issue, 2020–2020
2 sentences

2020See Camargo v. State, 346 Ark. 118 , 55 S.W.3d 255 (2001) (Trial counsel is not ineffective for failing to make an argument that is without merit.).

2020See Camargo v. State, 346 Ark. 118 , 55 S.W.3d 255 (2001) (Trial counsel is not ineffective for failing to make an argument that is without merit.).

11
Davis v. Stategreen
ark · 2006 · cited in 1 Arkansas opinions naming this issue, 2015–2015
2 sentences

2015See Davis v. State, 366 Ark. 401 , 403–04, 235 S.W.3d 902, 904 (2006) (per curiam) (When scientific testing merely duplicates records in existence at the time of conviction, the Act 1780 requirement that new, non- cumulative evidence supporting appellant’s claim of innocence is not satisfied.).

2015See Davis v. State, 366 Ark. 401 , 403–04, 235 S.W.3d 902, 904 (2006) (per curiam) (When scientific testing merely duplicates records in existence at the time of conviction, the Act 1780 requirement that new, non- cumulative evidence supporting appellant’s claim of innocence is not satisfied.).

11
Davis v. Washingtongreen
scotus · 2006 · cited in 1 Arkansas opinions naming this issue, 2007–2007
1 sentence

2007See id.

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 (4)

CaseCitedYears
Johnson v. State green
ark · 1939
2 sentences

2022Amendment 21, section 1 states that “[a]ll offenses heretofore required to be prosecuted by indictment may be prosecuted either by indictment by a grand jury or information filed by the Prosecuting 3 Relying on Johnson v. State, 199 Ark. 196 , 133 S.W.2d 15 (1939), Gardner makes a generalized claim that the authority to sign an information cannot be delegated unless by “special direction” and that those powers are lodged with the United States Attorney and Attorney General.

2022Amendment 21, section 1 states that “[a]ll offenses heretofore required to be prosecuted by indictment may be prosecuted either by indictment by a grand jury or information filed by the Prosecuting 3 Relying on Johnson v. State, 199 Ark. 196 , 133 S.W.2d 15 (1939), Gardner makes a generalized claim that the authority to sign an information cannot be delegated unless by “special direction” and that those powers are lodged with the United States Attorney and Attorney General.

12022–2022
Harrell v. State green
orctapp · 2019
2 sentences

2019Harrell v. State, 2019 Ark. 120 , 570 S.W.3d 463 .

2019Harrell v. State, 2019 Ark. 120 , 570 S.W.3d 463 .

12019–2019
Brady v. Maryland green
scotus · 1963
2 sentences

2018The majority of the claims are not claims of ineffective assistance of counsel but include claims that the criminal information filed in his case is invalid and defective on its face because it lacks the prosecutor's signature and that the prosecutor engaged in prosecutorial misconduct (1) by issuing a defective arrest warrant thirty-two days after he was detained; (2) by maliciously prosecuting him based on the illegally obtained confession; (3) by withholding material evidence in violation of Brady v. Maryland , 373 U.S. 83 , 83 S.Ct. 1194 , 10 L.Ed.2d 215 (1963), specifically police reports

2018The majority of the claims are not claims of ineffective assistance of counsel but include claims that the criminal information filed in his case is invalid and defective on its face because it lacks the prosecutor's signature and that the prosecutor engaged in prosecutorial misconduct (1) by issuing a defective arrest warrant thirty-two days after he was detained; (2) by maliciously prosecuting him based on the illegally obtained confession; (3) by withholding material evidence in violation of Brady v. Maryland , 373 U.S. 83 , 83 S.Ct. 1194 , 10 L.Ed.2d 215 (1963), specifically police reports

12018–2018
Sawyer v. State neutral
ark · 2015
1 sentence

2015Davis v. State, 2013 Ark. 118 (per curiam). 3 Cite as 2015 Ark. 369 Sawyer fails to state a specific reason that testing of the vaginal-smear slide now would yield a different result nor does he contend what “new method or technology,” outside a generalized claim that “DNA identifications can help prosecutors identify criminal suspects[,]” would be substantially more probative than prior testing.

12015–2015

Where else courts name it

NY 23 (1974–2021) CA 22 (1977–2026) PA 19 (1977–2026) TX 16 (1998–2023) IL 15 (1958–2024) MI 14 (1968–2024) CT 10 (1998–2021) GA 9 (2005–2026) IN 8 (1990–2023) AR 6 (2007–2022) NJ 6 (1965–2020) MO 5 (2014–2019) AZ 4 (1985–2020) IA 4 (2006–2021) OH 4 (2014–2026) MA 4 (1937–2025) NM 4 (1985–2016) DE 4 (1995–2026) FL 4 (1988–2014) WI 4 (1978–2010) NV 3 (2017–2017) MD 3 (2000–2019) VT 3 (1976–2011) NE 3 (1993–2018) WV 3 (1985–2021) OK 3 (1993–2021) VA 3 (2002–2026) DC 3 (1993–2008) SC 2 (2004–2004) HI 2 (1974–1980) UT 2 (2005–2020) NC 2 (2010–2013) CO 2 (2002–2006) ME 2 (1982–1992)

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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