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Arkansas Supreme Court: Unborn Child Not a ‘Person’ Under Sentencing Enhancement Scheme

Loaded on April 15, 2021 by Anthony Accurso published in Criminal Legal News May, 2021, page 32
Filed under: Murder/Felony Murder, Sentence Enhancements/Departures. Location: Arkansas.

by Anthony Accurso

In an opinion delivered December 10, 2020, the Supreme Court of Arkansas held that the definition of a “person” used for aggravating factors at sentencing does not include an unborn child.

On December 3, 2015, Brad Hunter Smith and two accomplices lured Cherrish Allbright to a field, ...

 

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  2. A Primer on Overcriminalization, by David Reutter
  3. Eighth Circuit Vacates Habeas Denial, Remands to Determine Whether ‘Martinez Exception’ Excused Procedural Default by State Prisoner, by Dale Chappell
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  7. Fourth Circuit: Police Request for ID Outside Valid Terry Stop Unconstitutional, by Anthony Accurso
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  9. New Jersey Police Union Contracts Laden With Financial Largesse, by Casey Bastian
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  19. Fourth Circuit: Employment Restriction for Supervised Release Overbroad and Impermissible Delegation of Power to Probation, by Dale Chappell
  20. Texas Court of Criminal Appeals: Good Faith Exception Inapplicable to Unsworn Search Warrant, by Anthony Accurso
  21. Arkansas Supreme Court: Unborn Child Not a ‘Person’ Under Sentencing Enhancement Scheme, by Anthony Accurso
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