Supreme Court of Arkansas

Brian Haile, Appellant v. Josh Johnston

February 11, 20162016 Ark. LEXIS 48

Summary

The court affirmed dismissal of the voter’s challenge to Johnston’s eligibility for public office. It held that res judicata did not apply because the present litigation concerned the legal effect of Johnston’s subsequently sealed conviction, and that the sealing statute deemed the conviction never to have occurred and restored Johnston’s eligibility. Special Justice Lambert concurred in the result but would have held that the misdemeanor was not an infamous crime, while Chief Justice Brill concurred separately on the res judicata analysis.