Jason Carroll Neal, Appellant v. State of Arkansas, Appellee

Summary

The court held that a drug-court participant cannot prospectively waive the fundamental right to minimum due process before expulsion because the participant cannot know the future allegations when signing the waiver. Because Neal was expelled and sentenced without a meaningful hearing to contest the basis for removal, the court reversed the denial of postconviction relief, vacated the sentencing order, and remanded for a hearing. Justice Goodson concurred to identify additional procedural and sentencing concerns, while Justice Wood dissented, reasoning that Neal had received due process and that the majority confused the residential treatment program with the drug-court program.