Arkansas, January, 2006, State Case law

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State Courts - Arkansas - January 11, 2006

Ammons v. State, CACR04-804, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, January 11, 2006, Decided
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Barney v. State, CACR04-622, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, January 11, 2006, Decided
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Basham v. State, CACR04-963, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, January 11, 2006, Decided
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Overview: A court denied an attorney's motion to withdraw pursuant to Anders and Ark. Sup. Ct. & Ct. App. R. 4-3(j) on the ground that defendant's appeal of his convictions was without merit because an argument on appeal addressing evidence of prior bad acts pursuant to Ark. R. Evid. 404(b) would not be wholly frivolous.

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Bedford v. State, CACR 04-706, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, January 11, 2006, Decided
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Overview: Appellate court denied defendant's counsel's motion to be relieved under Ark. Sup. Ct. & Ct. App. R. 4-3(j) as an appeal would not be wholly frivolous; the written conditions of defendant's suspended imposition of sentence did not include payment of any fines or costs and State did not prove defendant cashed check with intent to defraud.

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Causer v. Ark. Dep't of Human Servs., CA05-464, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, January 11, 2006, Decided
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Cummings v. State, CACR05-125, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, January 11, 2006, Decided
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Overview: Pursuant to Ark. R. Crim. P. 28.1(c), defendant's right to speedy trial was not infringed as he was tried in circuit court within 12 months from date the case was appealed from municipal court. Counsel's motion to be relieved was granted under Ark. Sup. Ct. & Ct. App. R. 4-3(j) where appeal of defendant's conviction would be wholly without merit.

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Geren v. State, CACR04-594, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, January 11, 2006, Decided
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Overview: Appellate court affirmed defendant's convictions and granted his attorney's motion to withdraw because none of the issues abstracted in the attorney's Anders' brief warranted a reversal of defendant's convictions, and defendant did not file any pro se points for reversal.

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Gillion v. State, CACR 04-999, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, January 11, 2006, Decided
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Overview: Defendant's probation was properly revoked under Ark. Code Ann. ? 5-4-309(d) where defendant testified that he had not lived at the address he gave his probation officer, defendant had not reported to his probation officer, and he had not paid any of his fines and costs; any of these bases was sufficient to revoke probation.

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Hall v. State, CACR04-668, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, January 11, 2006, Decided
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Overview: Under Ark. Code Ann. ? 5-4-310(c)(2)(c), testimony from defendant and probation officer that defendant failed to comply with terms and conditions of probation was admissible; trial court had authority to impose sentence upon revocation pursuant to Ark. Code Ann. ? 5-4-301(d)(1) and (2)(A). Counsel's motion to be relieved under Anders was proper.

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Ison v. S. Farm Bureau Cas. Co., CA05-313, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, January 11, 2006, Decided
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Overview: Summary judgment for insurance companies, declaring that they had no duty to defend, was affirmed because there was no initial permission actually given to the insured's son, and therefore, the "Hell or High Water" rule did not apply; the insured failed to demonstrate any issue of fact as to whether her son had implied permission to take the truck.

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