SUPREME COURT OF ARKANSAS
STATE OF ARKANSAS,
Opinion Delivered February 15, 2007
APPEAL FROM THE PULASKI
COUNTY CIRCUIT COURT,
HON. WILLARD PROCTOR, JR, JUDGE,
JIM HANNAH, Chief Justice
James Dilday appeals a June 5, 2006, order of the Pulaski County Circuit Court
denying his motion to dismiss criminal charges. Dilday asserts that the criminal
action against him is barred by double jeopardy, res judicata, and collateral estoppel.
We affirm the circuit court. Our jurisdiction is pursuant to Ark. Sup. Ct. R. 1-2(a)(1)
This case concerns allegations that Dilday defrauded the State of Arkansas by
making false Medicaid claims for services he rendered as a psychiatrist. He is also
accused of failing to keep records of Medicaid claims as required by law. Dilday was
previously prosecuted for defrauding insurance companies and one self-insured
employer by making false claims for services he rendered as a psychiatrist. That
prosecution resulted in a dismissal for Dilday and a plea of no contest by Biological
Psychiatry, P.A., an entity thought then to be Dilday’s business, but which Dilday now
asserts never existed.
Dilday argues that the dismissal in the prior prosecution constitutes a finding
that he did not commit fraud in making claims for services rendered. He for the first
time now asserts that the finding acts as a bar to the present prosecution on alleged
This is an interlocutory appeal. This court has long recognized the right to an
immediate appeal from the denial of a motion to dismiss on double jeopardy grounds.
See, e.g., Winkle v. State, 366 Ark. 318, ___ S.W.3d ___ (2006); Jones v. State, 230
Ark. 18, 320 S.W.2d 645 (1959). This court has also allowed the right to an
immediate appeal from the denial of a motion to dismiss based on res judicata.
Winkle, supra; Fariss v. State, 303 Ark. 541, 798 S.W.2d 103 (1990).
Bar to Prosecution