Annabelle Clinton Imber

“ State v. Urias, supra. Here, we have less narcotic than that which was at issue in Urias; there was less than 1,000 milligrams of which not more than .3% was methamphetamine by chemical analysis. In addition, like the prosecution in Urias, the State in this case provided no evidence of usability.
In order to effectuate the intent of the General Assembly in criminalizing possession of a controlled substance, that is, preventing the use of or trafficking in drugs, the State must provide some evidence of the drug's usability. ”

“ Constitutional amendments are to be construed liberally to accomplish their purpose. Porter v. McCuen, 310 Ark. 674, 839 S.W.2d 521 (1992) ; thus, in this case, the purpose of Amendment 68 to protect fetal life up to the extent permitted by federal law operates to give effect to a definition of person that includes at least a viable fetus. [3] This effect of Amendment 68 has been in operation since its adoption by the voters, Drennen v. ”

“ Without getting into a discussion of whether creating liability for the wrongful death of a fetus, particularly in the medical negligence arena, creates "new obligations", I must observe that the source of legislative intent primarily relied upon by the majority in reversing our holding in Chatelain v. ”

“ Arkansas Code Annotated § 5-1-102 was passed as Act 1273 of 1999, three years after the events preceding the death of Baby Boy Aka. Legislative enactments are typically deemed to be prospective in application barring an express statement of a retroactive effect. ”

“ ANABELLE CLINTON IMBER, Justice, dissenting. Today the majority opinion overrules Harbison v. State, 302 Ark. 315, 790 S.W.2d 146 (1990) , by adopting an analysis specifically rejected by the majority opinion in that case. ”