Kimbrell v. State.dissent

Summary

Justice Hart dissented from the denial of review, concluding that the court of appeals misinterpreted the Arkansas First Offender Act by treating Kimbrell as a convicted felon even though he had never been formally convicted of a felony. She reasoned that the statute required dismissal and expungement after completion of probation and that any alleged probation violations could not substitute for a judicial revocation hearing. Justice Hart, dissenting, would have granted review because the denial failed to protect Kimbrell's due-process rights.