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   State Courts - Arkansas - January 14, 2004

  
Johnson v. Dir. of the Ark. Empl. Sec. Dep't , E 03-48, COURT OF APPEALS OF ARKANSAS, January 14, 2004, Opinion Delivered
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Overview: Employee was properly denied unemployment benefits, where she was discharged for misconduct in connection with her work; her failure to follow the employer's rules constituted a wanton and willful action warranting termination.

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Lee v. State, CACR02-1141, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, January 14, 2004, Decided
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Overview: An attorney's no-merit brief was deficient under the relevant rule, given that the attorney failed to abstract all rulings; thus, the attorney's motion to withdraw was denied and the court ordered rebriefing.

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Maxwell v. State, CACR03-55, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, January 14, 2004, Decided
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Overview: Because officers did not have probable cause to arrest defendant behind his shop, an incriminating statement made to officers and a consent to search the property were not admissible; therefore, two drug convictions were overturned.

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Myles v. State, CACR 02-774, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, January 14, 2004, Decided
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Overview: Trial court was without jurisdiction to revoke defendant's probation in one action as probationary period had expired. Revocation of suspended sentence for other action was proper given defendant's violation by fleeing an officer.

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Parmley v. State, CACR03-71, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, January 14, 2004, Decided
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Overview: Because defendant, by not appearing for his arraignment and leaving the state, caused a four-month delay, the four months were excluded for purposes of calculating his speedy trial period; his speedy trial rights were not violated.

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Phillips v. State, CACR02-1238, COURT OF APPEALS OF ARKANSAS, January 14, 2004, Decided
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Phillips v. State, CACR02-1240, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, January 14, 2004, Decided
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Overview: Trial court did not err in refusing to allow defendant to continue thanking his family at sentencing because such was not relevant; sentencing procedure was followed and the sentence imposed was proper.

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Reeves v. State, CACR03-05, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, January 14, 2004, Decided
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Overview: Defendant could not challenge sufficiency of evidence on appeal because he did not move for dismissal at close of evidence, denial of defendant's objections to State witnesses was proper, and cross-examination of defendant was not prejudicial.

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Sharp v. State, CACR03-219, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, January 14, 2004, Decided
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Overview: In an appeal after the revocation of probation, defense counsel was not permitted to withdraw because there was a non-frivolous issue existing as to whether trial court was allowed to impose an additional suspended sentence after revoking probation.

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Smith v. State, CACR 03-20, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, January 14, 2004, Decided
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