Halpaine v. State, 385 S.W.3d 838

Halpaine charged with criminal nonsupport under Ark. Code Ann. § 5-26-401, alleged to owe $12,011.60 in unpaid support (2010–2011).
Prior circuit court orders found contempt for nonpayment and issued enforcement actions between 2001–2003.
Circuit court held: contempt for arrearage through Sept. 23, 2003 precluded criminal prosecution for that period.
Second amended information (Oct. 2010) charged a separate 2003–2010 arrearage as Class D felony; trial court denied second motion to dismiss (Jan. 2011).
Appellant filed an interlocutory appeal challenging double jeopardy; court reviews de novo with mixed questions of law and fact, giving deference to trial court on factual findings.
Court affirms denial of motion to dismiss, holding criminal nonsupport is not a continuing offense for double-jeopardy purposes and that prior contempt does not bar prosecution for new arrearages.”

Issue	Plaintiff's Argument	Defendant's Argument	Held
Does double jeopardy bar prosecution for criminal nonsupport where a prior contempt finding covered earlier arrears?	Halpaine argues ongoing nonsupport is a continuing offense; prior contempt bars further punishment.	State contends nonsupport is not continuing for purposes of double jeopardy; arrearages after 9/23/2003 can be charged.	Not barred; separate arrearages after 9/23/2003 may be charged.

Williams v. State, 371 Ark. 550 (2007) (interlocutory appeal allowed for double-jeopardy claim)
Green v. State, 2011 Ark. 92 (2011) (de novo review of double-jeopardy determinations; mixed questions of law and fact case)
Winkle v. State, 366 Ark. 318 (2006) (de novo standard for ultimate double-jeopardy ruling)
Reeves v. State, 374 Ark. 415 (2008) (continuing offense concept for nonsupport/limitations)
Hampton v. State, 357 Ark. 473 (2004) (contempt and double jeopardy considerations in nonsupport)