Supreme Court of Arkansas

Brian Haile, Appellant v. Josh Johnston

February 11, 20162016 Ark. LEXIS 48

Summary

The concurring opinion agreed with the result but rejected the majority's reliance on the Comprehensive Criminal Records Sealing Act of 2013. It reasoned that a Class A misdemeanor conviction for issuing a worthless check, which may rest on a statutory presumption rather than intent, is not an "infamous crime" under the Arkansas Constitution. It also concluded that sealing a conviction does not categorically restore all rights or establish that the conviction never occurred. Chief Justice Brill, joined by Justice Danielson, separately concurred in the result and concluded that res judicata did not bar the later election-eligibility challenge.