Mason v. State
435 S.W.3d 510
Ark. Ct. App.2014Background
- Mason was tried by jury in Garland County for unlawful chiropractic practice.
- Hendrix, a private investigator, collected information about Alphabiotics Center at Mason's direction.
- Hendrix testified Mason performed maneuvers to relieve neck/shoulder pain after a membership agreement and $20 fee.
- Mason was convicted, fined $5,000, and charged costs; he acted pro se on appeal.
- Mason argued association-rights defenses, improper oath of arresting officer, and constitutional rights violations by the Board and Hendrix.
- Appellate court affirmed; issues not preserved or without merit.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Association-rights defense preserved? | Mason asserts First/Fourteenth Amendment rights override statute. | No preservation; trial court correctly limited legal argument. | Not preserved; no merit. |
| Officer oath/jurisdiction preserved? | Lydon lacked oath; arrest void and jurisdiction defective. | Officer authority intact as de facto official; collateral attack improper. | Collateral attack improper; not preserved. |
| Constitutional rights claims against Board/Hendrix preserved? | Constitutional rights violated by Board and Hendrix. | Arguments not presented with proper record or ruling; not reviewable. | Not preserved; not reviewable. |
Key Cases Cited
- Raymond v. State, 354 Ark. 157, 118 S.W.3d 567 (2003) (preservation requirements for constitutional challenges; development of law on vagueness/overbreadth)
- Bell v. State, 334 Ark. 285, 973 S.W.2d 806 (1998) (de facto officials; collateral attack issues)
- London v. State, 354 Ark. 313, 125 S.W.3d 813 (2003) (necessity of ruling to preserve issues on appeal)
- Landers v. Jameson, 355 Ark. 163, 132 S.W.3d 741 (2003) (notification of Attorney General in constitutional challenges)