James Winfield Wyatt v. Tyray Carr; Pulaski County Board of Election Commissioners; and John Thurston

Summary

The court affirmed the removal of Wyatt from the ballot, holding that the circuit court properly used a preponderance-of-the-evidence standard and did not clearly err in finding that Wyatt had pleaded guilty to and been convicted of disqualifying hot-check offenses. The court also affirmed the denial of attorney's fees because Carr presented no evidence that the prosecuting attorney had failed or refused to enforce the applicable statutory provisions, and affirmed the denial of an appeal bond because Wyatt obtained no stay. The court affirmed both the direct appeal and the cross-appeal.