Before updating the blog on what I’m currently working on, I will list some of my recent endeavors.
On May 12, 2011, the mandate came down in the case of Slater v. State reversing and dismissing a 40 year conviction for delivery of a controlled substance for insufficiency of the evidence. It was certainly not without contention. The decision by Judge Gruber was a 4-2 decision. Assistant Attorney General Karen Wallace filed petitions for reconsideration and review. Fortunately, each court declined their respective petition. One thing I learned is that the appeal process is a cake walk compared to getting ADC to release someone after their conviction is reversed. Slater is scheduled to meet with the Parole Board this month regarding the revocations he picked up on the dismissed offense.
On June 2, 2011, I had oral argument before the Arkansas Supreme Court on the State’s appeal from a declaratory judgment. The issue involved was the interpretation of the former deadly weapon enhancement (A.C.A. 16-90-121). The difference in interpretation for my client is 20 years in ADC. The blog will definitely be updated regarding the opinion in this matter.
Currently, I am working on an appeal involving the confrontation clause at sentencing. While the Supreme Court refuses to address the issue, the Arkansas Supreme Court will have no choice but to provide an answer. The Appellant’s brief has been filed, and the Appellee’s brief is due June 15th. Oral argument will certainly be requested considering the importance of this issue and the possible ramifications.