McCuen v. Harris

891 S.W.2d 350, 318 Ark. 522, 1994 Ark. LEXIS 610

Opinions

Per Curiam.

The appellants, W.J. “Bill” McCuen, et al., seek an expedited hearing in conjunction with their appeal of a Pulaski Chancery Court decision enjoining Mr. McCuen, the Secretary of State, from canvasing the returns and counting the votes in the General Election to be held November 8, 1994, on proposed amendment 2. We were presented with the appellants’ motion, accompanied by an opening brief on November 3, 1994. The appellants ask us to hear the case prior to the election.

This case is not like the case of Walker v. McCuen (Case No. 94-1149) in which we granted expedited consideration on October 25, 1994. There, we were able to order a reasonable briefing schedule which would not be prejudicial to either party. Here, we are asked to require the appellee to present a brief in time to hold arguments on Monday, November 7, 1994, so that the case will be decided prior to the election. To do so would not only be unfair to the appellee, it would also not give this Court the time needed for deliberation of the issue or issues to be presented. We, therefore, must deny the motion for expedited consideration.

Hays, J., dissents.