Chapter 18 Special and Extraordinary Proceedings

• Library: Handling Appeals in Arkansas (2020 Ed.)

CHAPTER 18

SPECIAL AND EXTRAORDINARY PROCEEDINGS

Joseph R. Falasco

B. What are the Common Extraordinary Writs?

2. The Writ of Mandamus

(a) Application of Writ of Mandamus - [NEW]

In Gillespie v. Planned Parenthood of Ark. & E. Okla., Inc., 2018 Ark. 228, the Arkansas Supreme Court denied without opinion a petition for an extraordinary writ based on a claim of improper venue. One justice dissented, acknowledging that motions for change of venue are typically not subject to extraordinary writs, but argued that the general venue treatment did not apply because the change in venue was mandated by statute.

3. The Writ of Prohibition

(b) Application of the Writ of Prohibition

In DeSoto Gathering Co. v. Ramsey, 2016 Ark. 22, 480 S.W.3d 144, a divided Arkansas Supreme Court distinguished precedent and held that whether venue can be addressed by a writ of prohibition depends on the nature of the venue challenge.

4. The Writ of Certiorari

(b) Application of the Writ of Certiorari

· In Zimmerman v. Cir. Ct. of Miller Cty., 2018 Ark. 264, 555 S.W.3d 406, the Arkansas Supreme Court granted a writ of certiorari to address a criminal defendant’s claim that her right to a speedy trial was violated. See also Ark.

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