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   State Courts - Arkansas - January 9, 2003

  
Ark. County v. Desha County, 01-1085, SUPREME COURT OF ARKANSAS, January 9, 2003, Opinion Delivered
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Overview: In suit between Arkansas County and Desha County over the location of a hydroplant and jurisdiction, and over ad valorem tax revenue, even if the hydroplant site had become part of Arkansas County by accretion, Arkansas County was guilty of laches.

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Berna v. State, CR 83-153, SUPREME COURT OF ARKANSAS, January 9, 2003, Decided
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Boatman v. State, CR 02-1048, SUPREME COURT OF ARKANSAS, January 9, 2003, Decided
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Overview: Appellate court would not order clerk to accept late filing of trial court record on defendant's appeal of trial court's denial of a writ of error coram nobis, as defendant neither timely filed the record, nor showed good cause for failure.

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Bradford v. State, CR 02-570, SUPREME COURT OF ARKANSAS, January 9, 2003, Decided
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Overview: Defendant's judgment was effective upon "entry of record," rather than "date rendered," and court had authority to modify sentence. But defendant was not advised of right to affirm or withdraw guilty plea in open court, and reversal was required.

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Buie v. State, CR 02-1195, SUPREME COURT OF ARKANSAS, January 9, 2003, Opinion Delivered
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Cloird v. State, CR 93-284, SUPREME COURT OF ARKANSAS, January 9, 2003, Decided
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Davis v. State, CR 02-534, SUPREME COURT OF ARKANSAS, January 9, 2003, Opinion Delivered
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Overview: Police officers were justified in stopping and searching defendant as they had reasonable suspicion sufficient to justify making an investigatory stop. The pat-down was lawful as the officer reasonably believed that his safety was in danger.

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Gipson v. State, CR 02-636, SUPREME COURT OF ARKANSAS, January 9, 2003, Decided
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Overview: Appellate court lacked jurisdiction to consider appeal of trial court's denial of request to proceed in forma pauperis on petition for postconviction relief where notice of appeal stated order being appealed was denial of the petition itself.

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Hutts v. State, CR 02-964, SUPREME COURT OF ARKANSAS, January 9, 2003, Decided
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Overview: Court clerk was directed to accept late record on appeal in defendant's appeal of trial court's order denying defendant's petition for postconviction relief, where defendant's trial counsel failed in his duty to represent defendant on appeal.

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Leclere v. State, CR 01-1276, SUPREME COURT OF ARKANSAS, January 9, 2003, Decided
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Overview: Counsel's failure on appeal to abstract record of hearing on defendant's motion to dismiss for lack of speedy trial was not ineffective assistance because there was no speedy trial violation and, therefore, defendant could not show prejudice.

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