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   State Courts - Arkansas - January 30, 2003

  
Bautista v. State, CR 01-497, SUPREME COURT OF ARKANSAS, January 30, 2003, Decided
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Overview: Because the bare allegation that a notice of appeal was mailed in a timely manner but delayed by the post office was not good cause to excuse the late tender of the notice, defendant's pro se motion to file belated petition for rehearing was denied.

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Berna v. State, CR 83-153, SUPREME COURT OF ARKANSAS, January 30, 2003, Opinion Delivered
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Butt v. Evans Law Firm, P.A., 01-1307, SUPREME COURT OF ARKANSAS, January 30, 2003, Opinion Delivered
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Overview: Where attorneys represented taxpayers in a class action lawsuit, the circuit court abused its discretion by applying the percentage of the attorneys' settlement fee against the settlement pool instead of the total amount claimed by the taxpayers.

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Donald v. City of W. Memphis, 02-1173, SUPREME COURT OF ARKANSAS, January 30, 2003, Decided
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Ellis v. State, CR 02-1060, SUPREME COURT OF ARKANSAS, January 30, 2003, Decided
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Overview: Appeal of the denial of appellant's untimely petition for postconviction relief was not permitted to go forward, where it was clear that appellant could not prevail.

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In re Admin. Order No. 14 -- Admin. of Circuit Courts, [NO NUMBER IN ORIGINAL], SUPREME COURT OF ARKANSAS, January 30, 2003, Opinion Delivered
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In re Fuchs, 02-1234, SUPREME COURT OF ARKANSAS, January 30, 2003, Opinion Delivered
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Kirwan v. State, CR 02-79, SUPREME COURT OF ARKANSAS, January 30, 2003, Opinion Delivered
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Overview: Where defendant emailed his intentions to take photos and have sex with a minor, although she was a fictional email recipient, and where he drove to her home from another state, there was sufficient evidence to convict him of attempted rape.

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Newman v. State, CR 02-811, SUPREME COURT OF ARKANSAS, January 30, 2003, Decided
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Scott v. State, CR 01-1052, SUPREME COURT OF ARKANSAS, January 30, 2003, Opinion Delivered
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Overview: The trial court's failure to make sufficient written findings after denying defendant postconviction relief prevented the appellate court from effectively reviewing the matter on appeal and warranted reversal and remand to enter specific findings.

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