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   State Courts - Arkansas - January 11, 2007

  
Seals v. State, No. CR 06-1325, SUPREME COURT OF ARKANSAS, January 11, 2007, Delivered
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Overview: Petitioner's motion to file a belated appeal of an order denying his petition for postconviction relief was denied where petitioner offered no proof that a notice of appeal was received by the trial clerk within the 30-day period allowed by Ark. R. App. P. Civ. 4(a) to file a timely notice of appeal but not filed.

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Small v. State, No. CR 06-1364, SUPREME COURT OF ARKANSAS, January 11, 2007, Delivered
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Overview: Pursuant to Ark. R. Crim. P. 37.3(d), court granted petitioner's motion to proceed with belated appeal of denial of postconviction relief where record did not reflect that clerk mailed copy of order to him in time for him to file timely notice of appeal, and State did not file a response to the motion with any proof that order was promptly mailed.

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State Office of Child Support Enforcement v. Parker, No. 06-415, SUPREME COURT OF ARKANSAS, January 11, 2007, Delivered
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Overview: The trial court erred when it found that the acknowledged father did not have to pay the past-due child support; pursuant to Ark. Code Ann. § 9-10-115, after a finding that a previously adjudicated or acknowledged father was not the biological father, an abatement could only be applied to any future obligation of support.

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State v. Rapp, No. CR06-813, SUPREME COURT OF ARKANSAS, January 11, 2007, Delivered
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Overview: State's appeal was dismissed because Ark. R. App. P. Crim. 3(a)(3) only allowed appeal by State from order that granted a defendant's motion and allowed defendant to introduce evidence of victim's prior sexual conduct; order did not grant defendant's motion under Ark. Code Ann. § 16-42-101 to allow evidence of the victim's prior sexual conduct.

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Williams v. State, No. CR06-1470, SUPREME COURT OF ARKANSAS, January 11, 2007, Opinion Delivered
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Overview: Appellant's motion for rule on clerk was granted where appellant's attorney candidly admitted that the record was tendered late due to a mistake on his part.

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