Arkansas, February, 2002, State Case law

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State Courts - Arkansas - February 28, 2002

Anderson v. State, CR 01-1372, SUPREME COURT OF ARKANSAS, February 28, 2002, Decided
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Overview: Motion for rule on clerk to lodge record belatedly for untimely notice of appeal was denied as petitioner failed to meet duty to tender record to appellate court in timely manner; petitioner did not demonstrate good cause for failure to do so.

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Flowers v. Norris, 01-852, SUPREME COURT OF ARKANSAS, February 28, 2002, Decided
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Overview: Kidnapping conviction had to merge with attempted capital murder conviction as legislature did not clearly express intent that separate conviction could be obtained on lesser-included offense used to support attempted capital murder conviction.

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Glick v. Cass, 00-893, SUPREME COURT OF ARKANSAS, February 28, 2002, Decided
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Griffin v. State, CR 00-1475, SUPREME COURT OF ARKANSAS, February 28, 2002, Decided
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Overview: Illegal search prohibited by Arkansas Constitution had begun before defendant was summoned to his door and asked for consent to search; therefore case was remanded for suppression of evidence.

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Hampton v. State, CACR 01-573, SUPREME COURT OF ARKANSAS, February 28, 2002, Decided
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Overview: Convict's request for trial transcript copy at public expense to prepare postconviction petition was denied. He failed to allege there was any specific documentary evidence in transcript to support his claim. Indigency alone did not suffice.

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Nichols v. Norris, 01-1030, SUPREME COURT OF ARKANSAS, February 28, 2002, Decided
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Overview: Inmate's appeal in his declaratory action against corrections department was ordered rebriefed because his brief was deficient such that the supreme court could not reach the merits. He had 15 days to cure.

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Scott v. State, CR 00-1373, SUPREME COURT OF ARKANSAS, February 28, 2002, Opinion Delivered
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Overview: Defendant never refused consent or declined to sign written consent form. State demonstrated by clear and positive evidence that he had voluntarily consented to a search of his home.

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Wickliffe v. State, 01-1220, SUPREME COURT OF ARKANSAS, February 28, 2002, Decided
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Overview: Appeal of dismissal of pro se habeas petition for failure to state claim upon which habeas writ could issue was dismissed. Appeal could not be permitted to go forward where it was clear defendant could not prevail.

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Worthem v. State, CR 01-1207, SUPREME COURT OF ARKANSAS, February 28, 2002, Decided
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