judgment obtained violation (Arkansas) · Go Syfert
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judgment obtained violation in Arkansas

5 Arkansas opinions name it 1 courts 1985–2018 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 (2)

CaseFollowedCited
Rowe v. Stategreen
ark · 1982 · cited in 2 Arkansas opinions naming this issue, 1985–2001
2 sentences

2001Other grounds that we have held are so fundamental that a breach renders a judgment a complete nullity and therefore can be addressed under Rule 37 include the following: (1) a trial by a jury of fewer than twelve persons, see Collins v. State, 324 Ark. 322 , 920 S.W.2d 846 (1996); (2) a judgment obtained in a court without jurisdiction to try the accused, see Travis v. State, 286 Ark. 26 , 688 S.W.2d 935 (1985) (citing Rowe v. State, 275 Ark. 37 , 627 S.W.2d 16 (1982)); and a judgment obtained in violation of the constitutional provisions against double jeopardy.

2001Other grounds that we have held are so fundamental that a breach renders a judgment a complete nullity and therefore can be addressed under Rule 37 include the following: (1) a trial by a jury of fewer than twelve persons, see Collins v. State, 324 Ark. 322 , 920 S.W.2d 846 (1996); (2) a judgment obtained in a court without jurisdiction to try the accused, see Travis v. State, 286 Ark. 26 , 688 S.W.2d 935 (1985) (citing Rowe v. State, 275 Ark. 37 , 627 S.W.2d 16 (1982)); and a judgment obtained in violation of the constitutional provisions against double jeopardy.

12
Sasser v. Stategreen
ark · 1999 · cited in 1 Arkansas opinions naming this issue, 2001–2001
1 sentence

2001See id. at 383-384, 993 S.W.2d 901 ; Collins v. State, 324 Ark. 322 , 920 S.W.2d 846 (1996) (trial by a jury of fewer than twelve persons where defendant did not waive a twelve-person jury is fundamental error as to render the judgment of conviction void and subject to collateral attack); Travis v. State, 286 Ark. 26 , 688 S.W.2d 935 (a judgment obtained in violation of the constitutional provisions against double jeopardy is sufficient to void a conviction). [1] Williams's constitutional questions in the present case do not raise "structural" errors or issues sufficient to render the sentence

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 (2)

CaseCitedYears
Travis v. State green
ark · 1985
2 sentences

2001See id. at 383-384, 993 S.W.2d 901 ; Collins v. State, 324 Ark. 322 , 920 S.W.2d 846 (1996) (trial by a jury of fewer than twelve persons where defendant did not waive a twelve-person jury is fundamental error as to render the judgment of conviction void and subject to collateral attack); Travis v. State, 286 Ark. 26 , 688 S.W.2d 935 (a judgment obtained in violation of the constitutional provisions against double jeopardy is sufficient to void a conviction). [1] Williams's constitutional questions in the present case do not raise "structural" errors or issues sufficient to render the sentence

2001See id. at 383-384, 993 S.W.2d 901 ; Collins v. State, 324 Ark. 322 , 920 S.W.2d 846 (1996) (trial by a jury of fewer than twelve persons where defendant did not waive a twelve-person jury is fundamental error as to render the judgment of conviction void and subject to collateral attack); Travis v. State, 286 Ark. 26 , 688 S.W.2d 935 (a judgment obtained in violation of the constitutional provisions against double jeopardy is sufficient to void a conviction). [1] Williams's constitutional questions in the present case do not raise "structural" errors or issues sufficient to render the sentence

41988–2018
Collins v. State green
ark · 1996
2 sentences

2001See id. at 383-384, 993 S.W.2d 901 ; Collins v. State, 324 Ark. 322 , 920 S.W.2d 846 (1996) (trial by a jury of fewer than twelve persons where defendant did not waive a twelve-person jury is fundamental error as to render the judgment of conviction void and subject to collateral attack); Travis v. State, 286 Ark. 26 , 688 S.W.2d 935 (a judgment obtained in violation of the constitutional provisions against double jeopardy is sufficient to void a conviction). [1] Williams's constitutional questions in the present case do not raise "structural" errors or issues sufficient to render the sentence

2001See id. at 383-384, 993 S.W.2d 901 ; Collins v. State, 324 Ark. 322 , 920 S.W.2d 846 (1996) (trial by a jury of fewer than twelve persons where defendant did not waive a twelve-person jury is fundamental error as to render the judgment of conviction void and subject to collateral attack); Travis v. State, 286 Ark. 26 , 688 S.W.2d 935 (a judgment obtained in violation of the constitutional provisions against double jeopardy is sufficient to void a conviction). [1] Williams's constitutional questions in the present case do not raise "structural" errors or issues sufficient to render the sentence

22001–2001

Where else courts name it

CA 7 (1964–2025) AR 5 (1985–2018) IN 4 (1867–1895) NY 2 (1966–1971) IA 2 (1970–1990) WI 2 (1985–1985)

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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