This Week in Arkansas Law

Repressed Memory Syndrome and the Statute of Limitations
The Supreme Court affirmed the Pulaski County Circuit Court this week on whether Repressed Memory Syndrome amounts to insanity as to toll the statute of limitations under A.C.A. 16-56-116. This section of the Arkansas Code allows a plaintiff who had a disability when the act precipitating the law suit took place to still bring their lawsuit three years after the disability was removed, even if the statute of limitations had already run.

The Court decided that the defendants had not fraudulently concealed the abuse from the plaintiff because the plaintiff could not show that it was a material fact in the summary judgment phase of litigation. The Court further decided that Represed Memory Syndrome was not shown to affect the ability to recall memories does not affect the ability to reason. Finally the Court decided that the Trial Court did not abuse its discretion in denying a motion for additional discovery.

Double Jeopardy After Mistrial
The Supreme Court decided that a Jefferson County man would go free after the Trial Court declared a mistrial without an overruling necessity for doing so. A mistrial is a harsh remedy that should only be used if an error occurred in trial that was incurable. That error must be an overruling necessity, which is defined as a forceful or compelling emergency circumstance over which neither the attorneys nor the judge had control.

The Supreme Court decided that there was not an overruling necessity. The Judge could have issued a statement to the jury that would have corrected the error. The defense attorney offered to correct the error in front of the jury. The Trial Court decided that these would not suffice to correct the error at trial and declared a mistrial. The defendant claimed protection under the Double Jeopardy provisions of the Arkansas Constitution. The Trial Court denied that protection. However, the Supreme Court declared that the defendant could not be made to stand trial again because he had already been prosecuted.