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| Perez v. State, NO. CR 05-1307,
SUPREME COURT OF ARKANSAS, January 12, 2006, Decided
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Overview: As there was no hearing held on petitioner's Ark. R. Crim. P. 37.1 petition for postconvction relief, there was no court reporter's transcript to be prepared; thus, pursuant to Ark. R. App. Civ. 5(b) there was no basis on which the lower court could have granted a motion for rule on clerk for extension of time to lodge the record in instant appeal.
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| Ross v. State, No. CR 05-1042,
SUPREME COURT OF ARKANSAS, January 12, 2006, Decided
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| Smith v. State, No. CR05-1039,
SUPREME COURT OF ARKANSAS, January 12, 2006, Opinion Delivered
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| Smith v. State, No. CR05-1039,
SUPREME COURT OF ARKANSAS, January 12, 2006, Opinion Delivered
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| State v. Joslin, No. CR 05-877,
SUPREME COURT OF ARKANSAS, January 12, 2006, Opinion Delivered
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Overview: Because defendant pled guilty to a Class C felony as a habitual offender, the circuit court was required to sentence her in accordance with Ark. Code Ann. §§ 5-4-301, -501, and exceeded its statutory authority when it placed her on probation; defendant's offense carried with it a sentencing range of three to twenty years' imprisonment.
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| Stewart v. State, No. CR 05-894,
SUPREME COURT OF ARKANSAS, January 12, 2006, Decided
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Overview: Petitioner's motion seeking to proceed with belated appeal pursuant to Ark. R. App. P. Crim. 2(e) was denied because after hearing the testimony, trial court concluded counsel's testimony that he was not asked to appeal from the revocation order was more credible than petitioner's testimony and state supreme court accepted trial court's findings.
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| Velek v. State, No. CR05-783,
SUPREME COURT OF ARKANSAS, January 12, 2006, Opinion Delivered
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Overview: Circuit court erred in dismissing defendants' appeal from the district court because defendants complied with Ark. Dist. Ct. R. 9(c) in substance by filing an affidavit with their appeal stating that the district court clerk refused to provide the record.
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| White v. McGowen, No. 05-412,
SUPREME COURT OF ARKANSAS, January 12, 2006, Opinion Delivered
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Overview: Circuit court did not err in finding that the landowners' manufactured home was a trailer prohibited in the neighborhood under the Bill of Assurances and Protective Covenants where a manufactured home did not fit the requirement that any homes built in the neighborhood would be similar in construction and quality to the buyers and residents' homes.
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| Williams v. State, No. CR 05-1342,
SUPREME COURT OF ARKANSAS, January 12, 2006, Opinion Delivered
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Overview: A court granted appellant's motion for rule on clerk where appellant's attorney candidly admitted fault by stating in the motion that the record was tendered late due to a mistake on her part.
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