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| Camp v. State, No. CR04-1368,
SUPREME COURT OF ARKANSAS, January 5, 2006, Opinion Delivered
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Overview: In a DWI case, although many procedural errors occurred in defendant's prior DWI cases, the trial court did not err in denying defendant's motion to strike the prior convictions as none of the errors rose to the level of a jurisdictional defect resulting from the failure to appoint counsel. Thus, U.S. Const. amend. VI was not violated.
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| Carner v. State, No. CR 05-1207,
SUPREME COURT OF ARKANSAS, January 5, 2006, Decided
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Overview: State supreme court held that it was not the responsibility of trial court clerk, trial court, or anyone other than inmate to perfect the appeal of the denial of his Ark. R. Crim. P. 37.1 petition for postconviction relief. Thus, inmate had shown no good cause for his failure to file a timely notice of appeal under Ark. R. App. P. Crim. 2(a)(4).
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| Fondren v. State, No. CR 05-250,
SUPREME COURT OF ARKANSAS, January 5, 2006, Opinion Delivered
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Overview: In a fleeing and manslaughter case where an officer died during a high speed pursuit of defendant who fled from a store after stealing candy, the trial court did not err by submitting a manslaughter instruction as fleeing under Ark. Code Ann. § 5-54-125 was an appropriate underlying felony to support a conviction under Ark. Code Ann. § 5-10-104.
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| Gardner v. State, No. CR05-472,
SUPREME COURT OF ARKANSAS, January 5, 2006, Opinion Delivered
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Overview: Trial court did not err in denying defendant's motion for directed verdict as there was sufficient evidence to support defendant's conviction of the underlying felony, aggravated robbery under Ark. Code Ann. § 5-12-103, and of capital-murder under Ark. Code Ann. § 5-10-101(a)(1), after eliminating the accomplice testimony.
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| Hackelton v. Malloy, No. 04-358,
SUPREME COURT OF ARKANSAS, January 5, 2006, Opinion Delivered
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Overview: In wrongful death action under Ark. Code Ann. § 16-62-102, amended complaint did incorporate by reference contents of plaintiff's initial complaint which she did not have standing to bring because she had not yet been appointed administrator of decedent's estate and because she was not sole heir. Amended complaint was within limitations period.
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| Henry v. Buchanan, No. 05-533,
SUPREME COURT OF ARKANSAS, January 5, 2006, Opinion Delivered
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Overview: Where grandparents' daughter, the child's biological mother, was still alive and had consented to the adoption proceedings, there was no statutory authority that required the adoptive mother to give notice of the adoption proceedings to the grandparents to adopt the grandparents' grandchild.
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| Lawrence v. City of Texarkana, No. 05-310,
SUPREME COURT OF ARKANSAS, January 5, 2006, Opinion Delivered
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Overview: Fireman's appeal from his termination from the city fire department was dismissed for want of jurisdiction as the civil service commission, in affirming the termination, made no written order or any findings of fact or conclusions of law as required by Ark. Code Ann. § 14-51-308(e)(1)(B)(ii).
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| McArty v. Morgan, No. 04-1086,
SUPREME COURT OF ARKANSAS, January 5, 2006, Decided
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| McArty v. State, No. CR 05-951,
SUPREME COURT OF ARKANSAS, January 5, 2006, Opinion Delivered
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Overview: In a murder case, defendant's appeal from the denial of his petition for postconviction relief through Ark. R. Civ. P. 60 was dismissed as defendant could not prevail on appeal from the denial order, and Rule 60 did not apply in criminal matters.
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