Latest news with #ArkansasCourtofAppeals
Yahoo
5 days ago
- Yahoo
Arkansas Court of Appeals overturns 60-year prison sentence in Pine Bluff shooting
LITTLE ROCK, Ark. – The Arkansas Court of Appeals overturned a 60-year prison sentence for a man in connection with a 2018 Pine Bluff shooting. Joseph Gilbert was found guilty of battery by a jury in a 2023 trial. The court on Wednesday ruled that Gilbert's right to a speedy trial had been violated and dismissed the verdict. The jury had sentenced Gilbert to 60 years and a $15,000 fine for battery in the first degree and the use of a gun during the crime. Arkansas Supreme Court orders gag order lifted in Lonoke County deadly shooting The jury verdict and the appeals court decision came after a Nov. 17, 2018, shooting in Pine Bluff of a woman in her home. Police questioned Gilbert about the shooting the day after the shooting, but he gave an alibi and was released. Gilbert had gone to the police station to give his alibi and was shackled while waiting for a detective to speak with him, according to the court's ruling. He was released after speaking with the detective. Court documents show Arkansas filed a criminal information charging Gilbert with battery in January 2019. Officials served an arrest warrant on him in October 2022. Arkansas felon can apply for early parole due to loophole in state law In November 2023, a jury sentenced Gilbert to prison. Prior to the conviction, Gilbert filed a motion on July 21, 2023, requesting that his case be dismissed on grounds of speedy trial. As pointed out in the appeals court order, the time between his initial arrest in November 2018, when the detective shackled him, and his trial date exceeded 12 months, thereby violating the speedy trial provision of the Arkansas Rules of Criminal Procedure. The Jefferson County Circuit Court denied the appeal, stating that he was not arrested until October 2022 and the earlier questioning did not constitute an arrest. Arkansas Supreme Court decides TikTok vs. Arkansas case will go forward, denies dismissal request The appeals court disagreed with the circuit court in its ruling, stating that 'under any definition,' Gilbert was arrested when a detective shackled him, preventing him from leaving. The court also noted in the ruling that 'Arrest' is not defined in the Arkansas Rules of Criminal Procedure. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
06-02-2025
- Yahoo
Arkansas Court of Appeals overturns extended statute of limitations law for child sexual abuse victims
LITTLE ROCK, Ark. – A ruling by the Arkansas Court of Appeals overturned a 2021 law on Wednesday intended to aid child sexual abuse victims. The court's majority opinion stated the Justice for Vulnerable Victims of Sexual Abuse Act was not legal due to a long-standing legal precedent that prohibited extending the statute of limitations. The act intended to allow child sexual abuse victims under 55 years old to sue their abuser. Recent amendment to Arkansas law extends period for child sexual abuse victims to sue; Victim calls it a sign of hope Previously, the law only allowed victims to sue for three years after the victim turned 18 as a statute of limitations. A revision to the act in 2023 removed the 55-year-old requirement and allowed all victims, regardless of age, to file for two years after the revision became law. The case came before the appeals court after four people sued a man they allege abused them between 1995 and 2007 when they were from 10 to 18 years old. The opinion added the four became adults between 2003 and 2012. Bill in Arkansas gives child sexual abuse victims more time to file civil lawsuits The court found that despite the abuse, which the opinion called 'abhorrent,' it was forced only to consider the legal implications of extending the statute of limitations. The decision stated the court was 'powerless' to overrule existing legal precedent, striking down the vulnerable victims act. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
