A Constitutional Commitment to Access to Literacy: Bridging the Chasm Between Negative and Positive Rights

EVAN CAMINKER

Michigan Law dean emeritus Evan Caminker discusses a decision by the U.S. Court of Appeals for the Sixth Circuit, in which that court held that the Fourteenth Amendment’s Due Process Clause secures schoolchildren a fundamental right to a “basic minimum education” that “can plausibly impart literacy.” Caminker—one of the co-counsel for the plaintiffs in that case—explains why the decision is so remarkable and why the supposed dichotomy between positive and negative rights is not as stark as canonically claimed.

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Johnson v. State

Citation: 2020 Ark. 168

Opinion Date: April 30, 2020

Judge: Kemp

Areas of Law: Civil Rights, Constitutional Law, Criminal Law

The Supreme Court affirmed the decision of the circuit court denying Appellant's petition for postconviction relief filed pursuant to Ark. R. Crim. P. 37.5, holding that the performance of Appellant's trial counsel was not deficient. Appellant was convicted of capital murder and sentenced to death. Appellant later filed a petition for postconviction relief pursuant to Ark. R. Crim. P. 37.5 alleging, among other claims, that trial counsel was ineffective concerning the mitigating circumstances presented to the jury and the failure to call any witnesses but his sister at the sentencing phase. The circuit court denied the petition. The Supreme Court affirmed, holding that the circuit court did not err when it denied Appellant's claim that he received ineffective assistance of counsel during the sentencing phase.

Lukach v. State

Citation: 2020 Ark. 175

Opinion Date: April 30, 2020

Judge: Rhonda K. Wood

Areas of Law: Civil Rights, Constitutional Law, Criminal Law

The Supreme Court denied Petitioner's second petition to reinvest jurisdiction in the trial court to consider a petition for writ of error coram nobis and second petition for writ of certiorari, holding that Petitioner was not entitled to either coram nobis relief or issuance of a writ of certiorari. In two separate trials, Petitioner was convicted of the rapes of two girls and the rape of a five-year-old child and burglary. Petitioner subsequently filed multiple petitions for psostconviction relief, including the instant petitions for coram nobis relief and seeking issuance of a writ of certiorari. The Supreme Court denied coram nobis relief, holding (1) the claims raised in Petitioner's second coram nobis petition that reasserted claims raised in Petitioner's first coram nobis petition were an abuse of the writ; and (2) the remaining claims were either outside the scope on which the writ may issue or did not establish that Petitioner was entitled to coram nobis relief. The Court also denied Petitioner's petition for writ of certiorari, holding that the arguments in the petition could have been raised at trial or on direct appeal. The Court further denied Petitioner's motion for appointment of counsel as unwarranted and motion to withdraw as moot.

Reynolds v. State

Citation: 2020 Ark. 174

Opinion Date: April 30, 2020

Judge: Josephine L. Hart

Areas of Law: Civil Rights, Constitutional Law, Criminal Law

The Supreme Court affirmed the judgment of the trial court denying Appellant's claims for postconviction relief raised under Ark. R. Crim. P. 37.1, holding that none of counsel's alleged errors created a reasonable probability of a different outcome had they not occurred. In denying postconviction relief, the trial court held that the alleged deficient actions of trial counsel were based on reasonable strategic and legal grounds and that counsel's alleged errors would not have changed the outcome of the trial. The Supreme Court affirmed, holding that to the extent trial counsel's performance arguably satisfied the first prong of Strickland, the failure did not satisfy the second prong - that Appellant's counsel's error was sufficiently prejudicial as to show a reasonable probability of a different outcome.

Smith v. State

Citation: 2020 Ark. 171

Opinion Date: April 30, 2020

Judge: Hudson

Areas of Law: Civil Rights, Constitutional Law, Criminal Law

The Supreme Court denied Petitioner's motion asking the Court to proceed with a belated appeal of a judgment reflecting his conviction on drug-related charges, holding that the trial court did not err in finding that Petitioner waived his right to appeal and that trial counsel had performed within an objectively reasonable standard. As grounds for the motion, Petitioner asserted that he asked counsel to appeal. The matter was remanded for a hearing. The trial court ultimately concluded that Petitioner waived his right to appeal and that counsel acted within an objective standard of reasonableness in not pursuing an appeal. The Supreme Court affirmed, holding that the trial court's conclusions were supported by the transcript and were not clearly erroneous.

Davis v. Straughn

Citation: 2020 Ark. 169

Opinion Date: April 30, 2020

Judge: Kemp

Areas of Law: Criminal Law

The Supreme Court affirmed the order of the circuit court denying Appellant's pro se petition for writ of habeas corpus pursuant to Ark. Code Ann. 16-112-101, holding that Appellant stated no ground in the petition on which the writ could issue. Appellant was convicted of first-degree murder and sentenced as a habitual offender to life imprisonment. More than thirty years later, Appellant filed his petition for writ of habeas corpus alleging that the judgment was void and the circuit court was without jurisdiction because the felony information charging him with the offense was not signed by the prosecuting attorney but, rather, was signed by a deputy prosecuting attorney on behalf of the prosecutor. The circuit court denied and dismissed the petition. The Supreme Court affirmed, holding that Appellant did not state a basis for the writ.

McCray v. State

Citation: 2020 Ark. 172

Opinion Date: April 30, 2020

Judge: Hudson

Areas of Law: Criminal Law

The Supreme Court affirmed Appellant's conviction of two counts of aggravated robbery, one count of theft of property, and one count of possession of a firearm by certain persons, holding that substantial evidence supported one of the aggravated robbery counts and that the circuit court did not err when it denied Appellant's motions to dismiss for speedy trial violations. On appeal, Appellant argued, among other things, that the circuit court erred when it denied his directed verdict motion with respect to one of the aggravated robbery counts. The Supreme Court affirmed, holding (1) substantial evidence supported the aggravated robbery conviction; and (2) Appellant's motions to dismiss for speedy trial violations were properly denied.