Arkansas, January, 2006, State Case law

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State Courts - Arkansas - January 5, 2006

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, petitioner's appeal from the denial of his motion to set aside the denial of his petition for postconviction relief pursuant to Ark. R. Crim. P. 37.1, through Ark. R. Civ. P. 60, was dismissed as Rule 60 did not apply in criminal matters.

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McDonald v. State, No. CR 04-719, SUPREME COURT OF ARKANSAS, January 5, 2006, Opinion Delivered
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Overview: Trial court did not abuse its discretion in denying defendant's motion to reduce his life sentence under Ark. Code Ann. ? 16-90-107(e) for the rape of his minor daughter as numerous witnesses testified to the alleged abuse of the victim, including the victim herself, and a nurse examiner testified to signs of extensive and ongoing sexual abuse.

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Morgan v. State, No. CR 05-1163, SUPREME COURT OF ARKANSAS, January 5, 2006, Decided
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Overview: Although petitioner filed a timely notice of appeal from trial court's denial of his Ark. R. Crim. P. 37.1 petition for postconviction relief, he failed to lodge record with Supreme Court of Arkansas within 90 days as required by Ark. R. App. Civ. 5(a); his motion to lodge appeal belatedly was denied as it was his responsibility to perfect appeal.

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Nooner v. State, No. CR 94-358, SUPREME COURT OF ARKANSAS, January 5, 2006, Decided
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Overview: Petition in which petitioner asked that an execution date be set on ground that United States Court of Appeals for the Eighth Circuit had disposed of his appeal was treated by the Supreme Court of Arkansas as a motion to set the date for execution of sentence and was denied as moot because petitioner had clearly not exhausted his federal remedies.

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Penn v. State, No. CR 05-942, SUPREME COURT OF ARKANSAS, January 5, 2006, Decided
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Rodgers v. State, No. CR 05-1112, SUPREME COURT OF ARKANSAS, January 5, 2006, Decided
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Walters v. State, No. CR 03-1041, SUPREME COURT OF ARKANSAS, January 5, 2006, Decided
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Overview: Inmate alleged that he was indigent; however, as the inmate cited no specific documentary evidence needed to support an allegation which could be raised in a timely petition for postconviction relief, there was no ground to grant the request for a copy of the transcript lodged on appeal at state expense.

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