Entries - Entry Category: Laws and Court Cases - Starting with J

J. R. Poisson v. Etienne d’Avril is a purported opinion of the Arkansas Supreme Court that was published as an April Fool’s Day joke by Associate Justice George Rose Smith on April 1, 1968. In the opinion, he declares that a fictional Arkansas statute (the “Omnibus Repealer”) abrogates all statutory law in Arkansas but does not affect the common law. George Rose Smith was known for his wry sense of humor. He was a grandson of Uriah Rose, the founder of the Rose Law Firm in Little Rock (Pulaski County), and served as a partner in the firm until his election to the Arkansas Supreme Court in 1948. He holds the record as the longest-serving justice in the history of …

In Jackson v. Hobbs, the U.S. Supreme Court held that the Eighth Amendment to the U.S. Constitution forbids mandatory life imprisonment without parole sentences for children. Kuntrell Jackson—convicted of capital murder based on events that occurred when he was fourteen years old—was granted resentencing in which his youth could be taken into account. Jackson was ultimately resentenced to twenty years imprisonment and was released from prison on parole in 2017. Dozens of other juvenile offenders have been similarly resentenced based on this case. On November 18, 1999, Jackson was walking with two other juveniles—fourteen-year-old Derrick Shields and fifteen-year-old Travis Booker—through the Chickasaw Courts housing project in Blytheville (Mississippi County) and began discussing the idea of robbing a local video store. …

Larry Jegley v. Elena Picado, et al. was a 2002 decision by the Arkansas Supreme Court that struck down Arkansas’s sodomy law, which criminalized homosexual behavior. It was the first time that the Supreme Court removed a legal prohibition against homosexual relationships, and the decision was cited many times the next dozen years by state and federal courts in several states that invalidated such laws. Sodomy laws preceded American independence. The colonies criminalized homosexual acts, which were often death-penalty offenses. Sodomy was a felony in every state until 1962, when states began to liberalize the laws. In 1975, Arkansas attorney general Jim Guy Tucker submitted a lengthy bill to the Arkansas General Assembly that overhauled and recodified the state’s criminal laws. The …

Jim Crow laws were statutes passed in most of the Southern states between the 1880s and 1960s that separated the races and created a segregated society. Exactly why these laws were implemented at this time is unclear, although scholars believe that they may have been a response to the breakdown of traditional barriers between black and white people in the post-Reconstruction era. This breakdown was made possible by expansion of the South’s railroads, development of urban areas and industrial workplaces, and the progress African Americans made economically during this period. Whatever the reason for the timing of their passage, these laws reflected prevalent anti-black racism and the views of contemporary whites, who asserted that African Americans represented an inferior and …

Jim DuPree et al. v. Alma School District No. 30 et al. was a lawsuit that triggered twenty-five years of litigation and legislation to raise the quality of and increase funding for public education in Arkansas. The Arkansas Supreme Court ruled on the suit on May 31, 1983, concluding that the state government had consistently failed to provide the money and programs that would guarantee a suitable education for all children in Arkansas regardless of where they lived. The decision was the springboard that Governor Bill Clinton used that fall to push a raft of education reforms—including higher taxes—through the Arkansas General Assembly and the state Board of Education. A decade later, the issues were revived by a succession of …

Six months before the United States went to war with Japan and Germany in 1941, but as war hysteria was building, Joseph Paschall (Joe) Johnson, a farmer with eight children in the St. Joe (Searcy County) community, went to the county courthouse at Marshall (Searcy County) to get food relief for his family. He refused the county welfare commissioner’s demand that he salute the American flag in the commodities office because doing so would violate his Christian beliefs about swearing fealty only to God. He was denied commodities, arrested, and convicted of violating a 1919 state law prohibiting desecration of the flag. In the case of Johnson v. State of Arkansas (204 Ark. 476), the Arkansas Supreme Court upheld his …