Arkansas, January, 2004, State Case law

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State Courts - Arkansas - January 7, 2004

Nimmer v. State, CACR03-576, COURT OF APPEALS OF ARKANSAS, January 7, 2004, Decided
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Overview: The court of appeals reversed the order of the circuit court modifying defendant's suspended sentence and imposing a new sentence of imprisonment; the circuit court did not have the authority to modify defendant's sentence.

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Phillips v. State, CACR03-387, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, January 7, 2004, Decided
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Overview: Where defendant hit his girlfriend several times, causing her to suffer facial hematomas, a broken nose, closed head trauma, and a large amount of facial swelling, there was ample evidence to convict defendant of second-degree domestic battering.

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SLC, Inc. v. Nat'l Bank of Ark., CA 03-358, COURT OF APPEALS OF ARKANSAS, January 7, 2004, Decided
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Overview: Because a foreclosure order was not effective until filed, it was within the authority of a trial court to enter a written order conforming to the proof, irrespective of whether the provisions contained in the order had been announced from the bench.

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Simmons v. State, CA02-759, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, January 7, 2004, Decided
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Overview: Where two store clerks testified that appellant juvenile shoplifted cigarettes, the evidence was sufficient to support his adjudication as a delinquent.

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Washington v. State, CACR03-350, COURT OF APPEALS OF ARKANSAS, January 7, 2004, Decided
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Overview: Where defendant used a firearm as a club to hit two victims, his conduct did not come within the meaning of the first-degree battery statute; the statute was not intended to include an injury caused by a firearm's use as a club.

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Williams v. State, CACR03-70, COURT OF APPEALS OF ARKANSAS, January 7, 2004, Decided
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Overview: Trial judge did not abuse his discretion in assessing a 25-year sentence for defendant's conviction of delivery of a controlled substance (.209 grams of crack cocaine), as it was a mid-range sentence for the Class Y felony offense.

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Zachary v. State, CACR03-260, COURT OF APPEALS OF ARKANSAS, January 7, 2004, Decided
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Overview: It was error to convict defendant of possession of controlled substance with intent to deliver, where possession of .0993 grams of methamphetamine and $ 1,677 in cash was not sufficient evidence that he was in possession with intent to deliver.

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