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   State Courts - Arkansas - January 12, 2005

  
McCrary v. State, CACR 04-67, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, January 12, 2005, Decided
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Overview: Defendant testified that he had not paid any restitution because he believed was ordered to pay $ 12,000, but that he owed only $ 6,207. That did not excuse his paying nothing and his probation was properly revoked and counsel allowed to withdraw.

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McIntosh v. Alliant Food Serv., CA04-546, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, January 12, 2005, Decided
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Overview: The employee's testimony did not establish a causal relationship to a work-related incident, and there was no medical evidence supported by objective findings establishing the existence of a new injury in December 2001.

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Morgan v. Farm Bureau Mut. Ins. Co., CA04-575, COURT OF APPEALS OF ARKANSAS, January 12, 2005, Decided
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Munn v. State, CACR02-1246, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, January 12, 2005, Decided
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Overview: Appellate counsel's motion to withdraw from defendant's appeal did not conform to the supreme court rule because although counsel abstracted and discussed the majority of the adverse trial rulings, not all of the rulings were abstracted or discussed.

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Nolen v. State, CACR03-1244, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, January 12, 2005, Decided
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Overview: The trial court did not err in ordering defendants to pay restitution given the victim's testimony concerning the stolen property.

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Office of Child Support Enforcement v. Pyron, CA 04-360, COURT OF APPEALS OF ARKANSAS, January 12, 2005, Opinion delivered
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Overview: Where state office of child support enforcement agreed statute of limitations had run on its claim, court did not err in refusing to set aside its dismissal when office later claimed another state's law with no limitation should have been applied.

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Patrick v. State, CACR03-1319, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, January 12, 2005, Decided
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Overview: Court denied counsel's motion to withdraw in defendant's appeal of his rape conviction because counsel did not address each adverse ruling in his appellate brief; one ruling unaddressed was denial of defendant's motion to pierce rape shield statute.

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Perkins v. State, CACR04-169, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, January 12, 2005, Decided
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Overview: Counsel's brief accompanying motion to withdraw failed to comply with court rule because, inter alia, there was no transcript of the pretrial hearing and the court reporter's certificate only purported to contain the proceedings of the day of trial.

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Rankin v. Dir., Ark. Empl. Sec. Dep't, E 03-51, COURT OF APPEALS OF ARKANSAS, January 12, 2005, Opinion delivered
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Robinson v. State, CACR 04-297, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, January 12, 2005, Decided
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Overview: Defense counsel's motion to withdraw because appeal was without merit was granted where only argument preserved for appeal was challenge to sufficiency of evidence and testimony of eyewitness amounted to substantial evidence supporting convictions.

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