§ 16-91-113 — Matters to be considered - Preserving error - Action to be taken

Arkansas § 16-91-113

• Jurisdiction: Arkansas
• Title: 16

Text

(a) The Supreme Court need only review those matters briefed and argued by the appellant, except that where either a sentence for life imprisonment or death has been imposed the Supreme Court shall review all errors prejudicial to the rights of the appellant. (b) (1) It shall not be necessary to file a motion for new trial to obtain review of any matter urged for review on appeal. (2) If a motion for new trial is submitted to the trial court, on appeal, the appellant shall not be restricted to a consideration of matters assigned therein. (3) Formal exceptions to rulings or orders of the trial court are unnecessary; but for all purposes for which an exception has previously been necessary, it is sufficient that a party, at the time the ruling or order of the court is made or sought, makes known to the court the action which he or she desires the court to take or his or her objections to the action of the court and his or her grounds therefor. If a party has no opportunity to object to a ruling or order at the time it is made, the absence of an objection does not thereafter prejudice him or her. (c) (1) A conviction shall be reversed and a new trial ordered where the Supreme Court finds that the conviction is contrary to the Arkansas Constitution or the laws of Arkansas, or for any reason determines that the appellant did not have a fair trial. (2) Where appropriate, the Supreme Court shall reverse the conviction and order the appellant discharged. (3) In all other cases, the conviction must be affirmed, but the sentence of the appellant may be reduced if it is deemed excessive.

Legislative History

Acts 1971, No. 333, §§ 8, 11, 12; A.S.A. 1947, §§ 43-2725 -- 43-2725.2.