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   State Courts - Arkansas - January 29, 2004

  
Lenz v. State, CR 03-1270, SUPREME COURT OF ARKANSAS, January 29, 2004, Decided
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Overview: Petitioner's motion for a belated appeal of an order denying his petition for writ of error coram nobis was denied because petitioner was unable to demonstrate good cause for his failure to file a notice of appeal in a timely manner.

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Lumpkin v. State, CR 04-39, SUPREME COURT OF ARKANSAS, January 29, 2004, Opinion Delivered
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Moore v. State, CR 03-424, SUPREME COURT OF ARKANSAS, January 29, 2004, Opinion Delivered
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Overview: Defendant threatened and hit the victims, demanded money from them, and held them hostage after the rapes were completed; thus, restraint he employed exceeded that which was necessary to effectuate rapes and supported his convictions for kidnapping.

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Morgan v. Norris, 02-513, SUPREME COURT OF ARKANSAS, January 29, 2004, Opinion Delivered
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Overview: Because no juvenile proceedings had commenced against defendant, the trial court acquired jurisdiction over the criminal proceedings upon the filing of the information charging him as an adult; thus, defendant's writ of habeas corpus was denied.

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Norton v. State, CR 03-1200, SUPREME COURT OF ARKANSAS, January 29, 2004, Decided
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Overview: An inmate's appeal from the denial of his postconviction relief petition was properly dismissed and his motion for counsel deemed moot because the petition was not timely filed, which barred the inmate from proceeding thereunder.

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Parker v. State, CR 03-889, SUPREME COURT OF ARKANSAS, January 29, 2004, Opinion Delivered
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Overview: Officer's testimony that defendant had been "in and out of jail" did not entitle defendant to a mistrial because it forced him to testify about reasons he was jailed, as he was going to testify anyway and the trial court gave a curative instruction.

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Porter v. State, CR 04-43, SUPREME COURT OF ARKANSAS, January 29, 2004, Opinion Delivered
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Rose Care, Inc. v. Jones, 03-1400, SUPREME COURT OF ARKANSAS, January 29, 2004, Opinion Delivered
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Overview: The nursing home failed to strictly comply with the requirements for obtaining an extension of the time to lodge the record on appeal; the timely filing of the record on appeal was a jurisdictional requirement to perfecting an appeal.

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Sherman v. State, CR 96-183, SUPREME COURT OF ARKANSAS, January 29, 2004, Decided
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Overview: Petitioner was not entitled to a copy of transcript lodged on appeal from his criminal conviction, as he failed to show that there was state postconviction remedy available that required that copy of material be provided to him at public expense.

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State v. Fuson, CR 03-178, SUPREME COURT OF ARKANSAS, January 29, 2004, Opinion Delivered
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Overview: Where court directed a verdict of not guilty in murder trial, State's argument regarding correct interpretation of accomplice-corroboration statute was made for the first time on appeal, and applied to specific facts. Supreme court would not review.

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