Arkansas, January, 2005, State Case law

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State Courts - Arkansas - January 27, 2005

Baker Refrigeration Sys. v. Weiss, 04-598, SUPREME COURT OF ARKANSAS, January 27, 2005, Opinion delivered
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Overview: Where taxpayer protested sales tax assessment and case was reviewed by assistant commissioner and assessment was reduced, taxpayer's claim for refund was not timely filed because statute applied only when taxpayer had erroneously overpaid.

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Briley v. Norris, No. 04-716, SUPREME COURT OF ARKANSAS, January 27, 2005, Opinion Delivered
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Bussey v. State, No. CR 04-1242, SUPREME COURT OF ARKANSAS, January 27, 2005, Opinion Delivered
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Overview: Motion for leave to proceed with belated appeal of denial of petition to correct sentence was denied; inmate stated no good cause for failure to file timely notice of appeal, and trial court did not err in finding petition was untimely.

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Copeland v. State, No. CR 03-180, SUPREME COURT OF ARKANSAS, January 27, 2005, Opinion Delivered
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Edwards v. State, CR 04-0382, SUPREME COURT OF ARKANSAS, January 27, 2005, Opinion delivered
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Overview: Convictions were affirmed because witnesses' testimony provided sufficient evidentiary support, there was no error in refusing to suppress evidence seized from motel rooms, and photo lineup issue was not preserved for review.

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Ford v. State, No. CR 04-1087, SUPREME COURT OF ARKANSAS, January 27, 2005, Opinion Delivered
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Overview: Where defendant failed to comply with the former rule requiring leave of the Arkansas Supreme Court to file a petition for postconviction relief in the trial court, the trial court lacked jurisdiction to consider the petition.

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Freeman v. Rushton, 04-138, SUPREME COURT OF ARKANSAS, January 27, 2005, Opinion Delivered
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Overview: The circuit court did not err in awarding guardianship in favor of the maternal grandparents over the biological father where the father never had custody and it was in the child's best interests to remain with his grandparents.

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Hampton v. State, No. CR 03-1051, SUPREME COURT OF ARKANSAS, January 27, 2005, Opinion Delivered
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Hodges v. Norris, No. CR 04-1233, SUPREME COURT OF ARKANSAS, January 27, 2005, Opinion Delivered
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Overview: Despite a prison inmate's assertion that his notice of appeal was timely mailed, the notice was not timely received by the court clerk and the inmate's pro se status did not constitute good cause for a belated appeal.

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In re Ark. Lawyers Assistance Program, [NO NUMBER IN ORIGINAL], SUPREME COURT OF ARKANSAS, January 27, 2005, Opinion Delivered
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