The Arkansas Court of Appeals has affirmed the Saline County Circuit Court’s decision to revoke the probation of David Welch. The ruling, delivered on October 22, 2025, addressed several arguments raised by Welch, ultimately finding them without merit.
Background of the Case
Welch had initially pleaded guilty on January 10, 2022, in Saline County Circuit Court to charges of possessing firearms and a defaced firearm. He was sentenced to six years of probation. On the same day, he also pleaded guilty to commercial burglary, receiving another six-year probation sentence. The court ordered these probationary periods to run concurrently.
In March 2022, the state moved to revoke Welch’s probation due to failure to report to his supervising officer, positive drug tests, and failure to pay supervision fees. Later, Welch missed several court appearances, leading to an amended petition in February 2023 that added further violations, including driving while intoxicated, refusing a chemical test, and driving on a suspended license.
Welch, representing himself after his court-appointed counsel was relieved, faced a revocation hearing on May 22, 2024. The court revoked his probation and sentenced him to 120 months in the Arkansas Division of Correction. Welch appealed this decision.
The Court’s Findings
The court addressed several arguments presented by Welch on appeal.
Ineffective Assistance of Counsel Claim
Welch argued that his trial counsel was ineffective, specifically claiming the counsel failed to inform the court about his reasons for missing court dates and to clarify the implications of his plea agreement. However, the court stated it would not consider ineffective-assistance-of-counsel claims unless the circuit court had already considered them. Because Welch did not raise these claims in the lower court, the appellate court deemed them unpreserved and therefore could not address them.
Subject-Matter Jurisdiction Challenge
Welch also contended that the circuit court lacked subject-matter jurisdiction, claiming the United States Supreme Court had original jurisdiction because he was a “non-resident alien.” The court disagreed, citing that Arkansas circuit courts have subject-matter jurisdiction over criminal cases involving violations of state law. Since Welch did not dispute that the crimes occurred in Saline County, the court found his jurisdictional challenge without merit.
Arguments Regarding Guilty Pleas
Finally, Welch argued that the “contractual nature of the plea agreement” wasn’t properly explained, and he signed it under coercion and duress. The court dismissed these arguments, stating that the appeal focused on the revocation of probation, not the validity of the original guilty pleas. The court noted that any challenges to the guilty pleas should have been raised through a petition for postconviction relief, which Welch did not pursue.
Court’s Decision
The Arkansas Court of Appeals affirmed the circuit court’s decision to revoke Welch’s probation, finding his arguments unpersuasive.