The decision didn’t come out this week. The Arkansas Supreme Court typically does an outstanding job of having a decision published two weeks from submission. Thursday morning I was on pins and needles awaiting word until I realized the Court didn’t issue a decision in the case. The Court instead issued an opinion in last week’s civil case. So if they issue a decision in Van Kirk next week they can still keep their two week average for decisions intact. Now I just speculate on what it means that they are taking longer. My guess is that there is a dissent or concurring opinion being circulated. At least that will make the issue more interesting if there is a split. It’s always enjoyable to read a passionate dissent in which the dissenter picks apart the fallacies in the majority’s opinion. Now I’m even more excited about the opinion because even if I have lost I may have convinced one of the seven justices. We shall see…for all I know it could be an uneventful 7-0 decision.
Update: Van Kirk v. State7 10 2011