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   State Courts - Arkansas - January 20, 2005

  
Nooner v. State, No. CR 94-358, SUPREME COURT OF ARKANSAS, January 20, 2005, Opinion Delivered
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Overview: Where petitioner did not show any change in circumstances since his prior motions to lift his stay of execution were dismissed as moot on the ground that no stay was in effect, petitioner's instant motion to lift the stay of execution also was moot.

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Oliver v. State, No. CR 04-1077, SUPREME COURT OF ARKANSAS, January 20, 2005, Opinion Delivered
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Overview: Appeal of the denial of postconviction relief was denied because the petitioner did not file his motion attacking the judgment until more than five years after the court of appeals' mandate was issued.

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Parnell v. State, No. CR 04-1223, SUPREME COURT OF ARKANSAS, January 20, 2005, Opinion Delivered
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Overview: Petitioner's motion to proceed with a belated appeal was dismissed; petitioner's reliance on another incarcerated person or on a prison employee for legal advice was not an excuse for failing to conform to procedural rules.

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Polston v. State, CR 04-651, SUPREME COURT OF ARKANSAS, January 20, 2005, Opinion delivered
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Overview: A DNA collection statute applicable to a non-violent felon was not a violation of the Fourth Amendment because a felon's expectation of privacy was diminished, the intrusion was not significant, and State had a substantial interest in solving crimes.

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Smith v. Plegge, No. CR 04-327, SUPREME COURT OF ARKANSAS, January 20, 2005, Opinion Delivered
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Overview: A petition for writ of mandamus, which contended that a judge failed to act in a timely manner on a pro se petition for postconviction relief, was denied as moot where a final order was entered denying the petition.

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Stewart v. State, CR 04-1199, SUPREME COURT OF ARKANSAS, January 20, 2005, Opinion Delivered
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Turner v. State, No. CR 04-1161, SUPREME COURT OF ARKANSAS, January 20, 2005, Opinion Delivered
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