Arkansas, March, 2002, State Case law

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State Courts - Arkansas - March 14, 2002

Bohanan v. State, CR 02-43, SUPREME COURT OF ARKANSAS, March 14, 2002, Decided
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Overview: Petitioner's motion to file a belated appeal of the denial of post-conviction relief was denied where he had not established that the clerk received the notice of appeal within 30 days of the order appealed from but did not file it.

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Buchheit v. Norris, 01-915, SUPREME COURT OF ARKANSAS, March 14, 2002, Decided
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Overview: Since there was no allegation that trial court lacked jurisdiction when it imposed inmate's sentence, and there was no indication that the judgment was illegal on its face, trial court did not err in denying inmate's petition for habeas corpus.

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Cadillac Cowboy, Inc. v. Jackson, 00-1243, SUPREME COURT OF ARKANSAS, March 14, 2002, Opinion Delivered
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Overview: Trial court correctly instructed jury regarding alcohol provider's liability for injury to third party pursuant to supreme court opinion, which was law of case, rather than subsequent statute. Substantial evidence supported jury's verdict.

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Concrete Constr., Inc. v. Sawyer, No. 02-129, SUPREME COURT OF ARKANSAS, March 14, 2002, Opinion Delivered
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Overview: Mandamus petition against a trial judge for failure to render a decision within a reasonable time after a contract case was tried was rendered moot when he filed a judgment with the trial court clerk during the pendency of the mandamus action.

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Faulkner v. Ark. Children's Hosp., 01-860, SUPREME COURT OF ARKANSAS, March 14, 2002, Opinion Delivered
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Overview: In employment suit, one regarded as disabled had no state civil rights claim, tortious interference had to show third-party contract, facts did not prove employment contract, and hospital and employees could not conspire within employment scope.

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Hilderbrand v. State, CR 01-1130, SUPREME COURT OF ARKANSAS, March 14, 2002, Decided
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Overview: Defendant's motion for reconsideration of the dismissal of his appeal was denied where the trial court did not err in its decision that he was not entitled to a copy of the transcript of the revocation hearing at public expense.

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Hinkle v. State, CR00-1477, SUPREME COURT OF ARKANSAS, March 14, 2002, Decided
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McCoy v. State, CR 01-762, SUPREME COURT OF ARKANSAS, March 14, 2002, Decided
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Overview: Because second-degree murder was a lesser-included offense of first-degree murder, differing by requiring a lesser culpable mental state, trial court erred in refusing to instruct jury on attempted second-degree murder.

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Morgan v. State, CR 01-1060, SUPREME COURT OF ARKANSAS, March 14, 2002, Decided
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Overview: Defendant was entitled to 150 days of jail-time credit spent in confinement against his 18 -month sentence received after his probation was revoked.

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Nielsen v. Berger-Nielsen, 01-997, SUPREME COURT OF ARKANSAS, March 14, 2002, Opinion Delivered
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Overview: Attorney could not be sued by a third party for his nonfraudulent acts committed during the course of his representation of his client because he was not in privity with the third party, and committed no fraud or misrepresentation.

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