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   State Courts - Arkansas - January 10, 2002

  
Atkinson v. State, CR 01-097, SUPREME COURT OF ARKANSAS, January 10, 2002, Opinion Delivered
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Overview: Murder defendant's expressed desire for victim's death and encouragement of killer supported conviction. Second-degree murder instruction lacked rational basis; trial court's communication with jury by note did not require reversal.

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Brown v. State, CR 01-1196, SUPREME COURT OF ARKANSAS, January 10, 2002, Opinion Delivered
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Overview: Criminal defendant was given additional time to file an appellate brief for good cause shown where his attorney admitted that he had notice of the brief's due date, and accepted full responsibility for failing to timely file the brief.

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Callie v. State, CR 01-1351, SUPREME COURT OF ARKANSAS, January 10, 2002, Opinion Delivered
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Dulaney v. State, CR 00-1150, SUPREME COURT OF ARKANSAS, January 10, 2002, Decided
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Overview: Failure to seek directed verdict did not prejudice defendant, as motion would have been denied, given evidence. Defendant's simultaneous drugs and firearms possession was shown; issues trial court did not rule on were not considered.

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Edwards v. State, CR 00-1452, SUPREME COURT OF ARKANSAS, January 10, 2002, Decided
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Overview: Statute amended to allow trial court discretion in waiving a rule that a defendant serve 70 percent of his sentence before becoming eligible for parole could not be applied retroactively in absence of legislative intent to make it retroactive.

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Fulton v. Norris, 00-1188, SUPREME COURT OF ARKANSAS, January 10, 2002, Decided
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Overview: Denial of mandamus for reduction of sentence to sentencing commission's presumptive sentence time was upheld. Defendant changed his claim from departure report absence to upward departure being inappropriate; issue was not preserved.

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Hilderbrand v. State, CR 01-1130, SUPREME COURT OF ARKANSAS, January 10, 2002, Decided
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Overview: Defendant seeking postconviction relief was not entitled to free transcript of probation revocation proceeding as defendant had not showed compelling need for documents to support petition for relief.

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Jones v. State, CR 01-1244, SUPREME COURT OF ARKANSAS, January 10, 2002, Decided
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Overview: Neglecting to timely file record on appeal or to state good cause for the failure to comply with proper appellate procedure resulted in defendant's motion to file record belatedly being denied.

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Norton v. State, CR 00-1003, SUPREME COURT OF ARKANSAS, January 10, 2002, Decided
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Pennington v. State, CR 01-1352, SUPREME COURT OF ARKANSAS, January 10, 2002, Opinion Delivered
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