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370 Ark. 122

257 S.W.3d 895

Yeakley v. Doss

Supreme Court of Arkansas

Decided May 31, 2007

Supreme Court of Arkansas · decided 2007-05-31

Relies on Arkansas Department of Human Services v. Schroder · Nameloc, Inc. v. Jack, Lyon & Jones, P. A.

Good law ✅— No negative treatment on recordhow we know

Decided 2007-05-31

How this case has been cited

Cited by 22 later decisions — most recently March 2023

2 federal appellate · 4 district · 14 state decisions

160200720102020decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Jim Hannah, Chief Justice,

¶1dissenting. I must respectfully dissent. Appellants present one issue to this court, whether the trial court erred in ruling that the probative value of Robert E. Doss’s prior driving while intoxicated convictions was substantially outweighed by the danger of unfair prejudice. Appellants failed to obtain a ruling on this issue in the circuit court, and the majority correctly declined to consider the issue on appeal. The failure to obtain a ruling is a procedural bar to consideration of the issue on appeal. Nameloc, Inc. v. Jack, Lyon & Jones, P.A., 362 Ark. 175, 208 S.W.3d 129 (2005). However, the majority instead considers and decides the appeal on whether the circuit court erred in ruhng that the prior convictions were not relevant. This issue was not raised by the appellants on appeal. It is a well-settled principle of appellate law that we will not raise an issue sua sponte unless it involves the jurisdiction of this court to hear the case. Arkansas Dep’t of Human Servs. v. Schroder, 353 Ark. 885, 122 S.W.3d 10 (2003).

¶2Further, even if the appellants had raised the issue on appeal, we will not make a party’s argument for him or her as the majority has done in this case. Id. This case should be affirmed.

Gunter, J., joins.
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