Fort Smith, AR
Criminal defense Lawyer at Fort Smith, AR
Practice Areas: Criminal Defense, Divorce & Separation ... +6 more
OUTCOME: Mistrial due to lack of a unanimous jury verdict (no conviction)
Defendant was charged with Rape <14 (Class Y Felony) and Sexual Assault in the Second Degree <14 (Class B Felony). After a two day jury trial, the jurors could not arrive at a unanimous verdict and, a ... fter being dead-locked for over two hours, the presiding Circuit Court judge declared a mistrial.
OUTCOME: Affirmed for Appelle/Client Melvy Nelson - she will not be added to the child maltreatment registry due to this accidental injury to her child.
Melvy Nelson (client) was accused of having either committing child abuse when her son was accidentally struck on the face with a belt buckle while being spanked. DHS believed the injury was caused ei ... ther intentionally or recklessly and wanted to put her on a child maltreatment registry. After an administrative hearing in front of an Administrative Law Judge where Melvy Nelson was found to have committed child abuse, the case was appealed to the Circuit Court. The Circuit Court found that the reasoning relied on by the ALJ was inconsistent and unsubstantiated by the evidence. DHS appealed the Circuit Court and, on appeal, Melvy Nelson prevailed again and will not be placed on the registry for the accidental injury.
OUTCOME: Guilty of 1st Degree Murder - 40 year sentence (beat prosecutor's best plea offer)
The Defendant, Joshua Beyard of Waldron, Arkansas, was charged with 1st Degree Murder and the prosecutor's only plea offer was life without the possibility of parole. After a three day trial, testimon ... y and other evidence showed that the Defendant had an altercation with Mr. Tou Lor and stabbed the victim in excess of 40 times, 13 of which were to the throat area. The jury deliberated a few hours and returned a verdict of Guilty of 1st Degree Murder, sentencing him to 40 years in prison instead of giving him life, as the prosecutor's office asked of the jury.
OUTCOME: Aggravated assault charge (D felony) was dismissed for insufficient evidence; found guilty of assault in the 3rd degree (C misdemeanor) instead and punished with 10 days jail.
Prosecuted for aggravated assault after allegedly threatening behavior. Argued the sufficiency of the evidence for the charge at the preliminary hearing.
OUTCOME: Not Guilty Jury Verdict (10 minute deliberation)
Mr. McEnaney took a bail bondsman's phone from a table while in the Springdale Police Department after bailing his roommate out of jail. Afterwards, Mr. McEnaney went to Fayetteville and within an hou ... r of leaving the station returned the phone when he realized it wasn't his roommate's.
OUTCOME: Not Guilty
Defendant was charged with Theft by Receiving > $1,000.00 <= $5,000.00 (D Felony).
OUTCOME: Not Guilty Jury Verdict
The State charged Mr. Garner with Theft By Receiving based on his possession of 12 used car batteries in Arkansas and 12 being reported stolen in Oklahoma the previous day. None of the batteries in qu ... estion had identifying marks or serial numbers and the victim claimed they were his.
OUTCOME: Victory for the Plaintiff - the City of Fort Smith then held a public vote on the 1% prepared food tax, which was subsequently voted down by the citizens.
Citizens of Fort Smith, Arkansas banded together with signed petitions to prevent a controversial 1% prepared food tax from being enacted without a vote from the citizens. I served as co-counsel with ... Brian Meadors and we represented the Plaintiffs, alleging that the city clerk violated the Arkansas State Constitution.
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