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   State Courts - Arkansas - January 16, 2002

  
Austin v. State, CACR 01-521, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, January 16, 2002, Decided
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Overview: Officer's testimony about victim's statements were proper under the excited utterance exception, as she was described as "hysterical" and "frantic" when she made them, and admission of the statements did not violate the Confrontation Clause.

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Baier v. Ark. Empl. Sec. Dep't, E01-48, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, January 16, 2002, Decided
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Overview: Appeals court held review board's denial of unemployment benefits was not supported by substantial evidence, as reasonable minds could not have concluded that employee's actions constituted intentional disregard for her employer's interest.

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Barnes v. State, CACR00-1472, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, January 16, 2002, Decided
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Overview: Case was returned to defendant's counsel to supplement the transcript on appeal to include voir dire, opening statements, and the closing arguments originally omitted, to address objections, and to file a substitute brief.

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Biles v. State, CACR01-00098, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, January 16, 2002, Decided
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Overview: Trial court properly exercised its discretion by establishing that defendant's sentences were to run consecutively because prior to that order, the sentences had not been put into execution.

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Blakeley v. State, CACR01-356, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, January 16, 2002, Decided
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Overview: Trial court properly revoked defendant's probation before defendant's probationary period expired, and constructively possessed contraband and knew the matter possessed was contraband.

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Buckner v. Lewis, CA01-441, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, January 16, 2002, Decided
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Overview: As tenants failed to exercise their option to purchase the leased premises before they were given notice to vacate, once they were given such notice, the option terminated, and they were properly evicted.

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Carrington v. State, CACR00-1418, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, January 16, 2002, Decided
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Overview: Evidence was substantial to convict defendant as agent identified defendant as person from whom he obtained methamphetamine and substance was identified as such. Jury admonition and apology from prosecutor cured any taint from improper argument.

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Howard v. State, CACR01-27, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, January 16, 2002, Decided
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Overview: Appeal was without merit and counsel was permitted to withdraw where evidence was sufficient for robbery, breaking or entering, and theft of property convictions, as defendant removed tools from victim's garage and threw them at victim.

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Keys v. State, CACR 00-1444, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, January 16, 2002, Decided
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Overview: Trial court did not err by denying defendant's motion to suppress custodial statement where it was not used as evidence by prosecution or by denying his motion to quash the entire jury panel where the motion had been withdrawn.

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Laster v. State, CA CR 00-250, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, January 16, 2002, Opinion Delivered
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Overview: Evidence was insufficient to sustain inmate defendant's conviction for introduction of marijuana to prison because he had never left the prison grounds, and therefore, he did not introduce the marijuana to the prison.

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