State v. Cassell
2013 Ark. 221
| Ark. | 2013Background
- State petitions to remove Cassell as Sheriff and Collector of Searcy County based on a 1979 misdemeanor theft conviction.
- Conviction was for embezzlement/theft of shipments by carrier; Cassell was deputy sheriff when offense occurred.
- Cassell later elected sheriff in 2010; he acknowledged the conviction in a 2009 advertisement.
- State alleged the conviction is an “infamous crime” under Ark. Const. art. 5, §9 and barred Cassell from office.
- Circuit court granted Cassell’s summary-judgment motion, holding the crime did not by itself impugn the office or directly impact Cassell’s ability to serve; dismissed petition with prejudice.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a misdemeanor theft conviction qualifies as an infamous crime under Ark. Const. art. 5, §9 | State argues theft is infamous, disqualifying without further proof | Cassell argues there is a two-part test: must show crime involves deceit and directly impugns office or impacts service | Infamous crime exists; conviction alone disqualifies; not a two-part test. |
| Whether the conviction must impugn integrity or directly impact ability to serve | State contends no further proof needed beyond infamy | Cassell contends State must prove impugnment/impact | Constitutional disqualification does not require additional proof beyond infamy. |
| What test governs removal under Article 5, §9 after Edwards and Oldner | State relies on Edwards/Oldner to treat infamy as disqualifying per se | Cassell argues a two-step test from Oldner/Edwards governs | We reject a two-step test; infamy alone suffices to bar office. |
Key Cases Cited
- State v. Oldner, 361 Ark. 316, 206 S.W.3d 818 (Ark. 2005) (infamous crimes involve deceit and directly impact ability to serve; reelection does not cure ineligibility)
- Edwards v. Campbell, 370 S.W.3d 250 (Ark. 2010) (misdemeanor theft constitutes infamous crime; capacity to serve not measured by punishment level)
- City of Fayetteville v. Washington Cnty., 255 S.W.3d 844 (Ark. 2007) (plain-language interpretation of constitutional provision; disqualification focused on conviction)
- Ridgeway v. Catlett, 379 S.W.2d 277 (Ark. 1964) (text emphasizes that conviction disqualifies from holding public office)