Page:Ricarte v. State.pdf/1

Louis RICARTE, Jr., a/k/a Louis VALDEZ, a/k/a Alexander VALDEZ v. STATE of Arkansas

Supreme Court of Arkansas

Opinion delivered October 13, 1986

1. Legislature—continuing legislature in session after regular session has ended unconstitutional.—The practice of continuing the legislature in session after its regular 60-day session has ended is not permitted by the Arkansas Constitution.
2. Evidence—Uniform Rules of Evidence adopted at invalid session—earlier statute on subject not repealed.—Where, at the time the Uniform Rules of Evidence were adopted by the legislature, the legislature was unlawfully in session in January, 1976, almost a year after the 1975 regular session had ended, the Uniform Rules were not adopted at a valid session and did not become law; hence, the earlier statute on the subject, Act 14, Ark. Acts of 1943, was not affected by the repealing clause in the Uniform Rules.
3. Evidence—under Act 14 of 1943, one spouse cannot be called to testify against the other in a criminal case—no exceptions.—Act 14, Ark. Acts of 1943, which provides that in a criminal case one spouse cannot be called by the opposite party as a witness against the other spouse, makes no exception for a marriage that was or may have been entered into for the purpose of shielding one spouse from the testimony of the other.
4. Evidence—Uniform Rules of Evidence Adopted by Arkansas Supreme Court, effective October 13, 1986.—Under the Arkansas Supreme Court's own rule-making power and under existing statutory authority, the Supreme Court adopts the Uni-