Bruce Holland, John Boozman

  • Family Council

Blue Hog Report delves a little bit deeper into a question posed by Jason Tolbert over whether or not Sen. Bruce Holland, R-Greenwood, and his joy-ride through Perry County qualifies as an “infamous crime.” Tolbert writes:

Advertisement

If convicted — and I assume he will be — is this an “infamous crime” under the Arkansas Constitution — Article 5, Section 9. This is the clause that got Tom Fite thrown off the ballot for a 1984 guilty plea to aiding Medicaid fraud. Does fleeing from the police qualify? I don’t know but I can tell you this clause needs to be clarified to prevent further confusion.

Matt Campbell, at BHR, takes a stab at the answer and poses another good question: Why wasn’t Holland charged with felony fleeing in the first place?

First things first, per the U.S. Supreme Court, an “infamous crime” is one that is punished by more than one year’s incarceration. See Green v. U.S., 356 U.S. 165 (1958). In Arkansas, misdemeanors “that include elements of deceit or dishonesty” have also been held to qualify. See Edwards v. Campbell, 2010 Ark. 398. Holland was charge with fleeing by means of a vehicle or conveyance, which is a Class A misdemeanor under Ark. Code Ann. 5-54-125(d)(1). So, because the punishment could not be greater than one year and the crime has no inherent character of deceit or dishonesty, Holland would seem to have avoided the “infamous crime” language of Article 5, Section 9.

My question, however, is why Holland was only charged with the misdemeanor version of fleeing in a vehicle?

Read the full analysis here.

Advertisement

Invest in the future of great journalism in Arkansas

Join the ranks of the 63,000 Facebook followers, 58,000 Twitter followers, 35,000 Arkansas blog followers, and 70,000 daily email blasts who know that the Arkansas Times is the go-to source for tough, determined, and feisty journalism that holds the powerful accountable. For 50 years, our progressive, alternative newspaper in Little Rock has been on the front lines of the fight for truth, and with your support, we can do even more. By subscribing or donating to the Arkansas Times, you'll not only have access to all of our articles, but you'll also be helping us hire more writers and expand our coverage. Don't miss out on the opportunity to make a difference with your subscription or donation to the Arkansas Times today.

Previous article No charge, assessor says Next article Unmarried foster ban to Ark. Supremes