Supreme Court of Arkansas

Jason Carroll Neal, Appellant v. State of Arkansas, Appellee — Wood, J., Dissenting

June 30, 20162016 Ark. LEXIS 229

Summary

Justice Wood dissented from the majority's reversal, concluding that Neal received the due process required before the suspended sentence was imposed because he admitted failing to complete the residential program that was a condition of drug-court participation. She distinguished the executive decision to expel Neal from the residential treatment program from the judicial decision to terminate his drug-court participation and impose the previously determined sentence. Justice Goodson, concurring, agreed with the majority's disposition and identified additional concerns involving notice, an opportunity to present evidence, impartiality, written findings, counsel, sentencing authority, and statewide consistency.