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| State v. Smith, No. CR06-253,
SUPREME COURT OF ARKANSAS, February 1, 2007, Opinion Delivered
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Overview: The granting of the inmate's Ark. R. Crim. P. 37 petition for postconviction relief was improper because the circuit court failed to make the required finding under Strickland's prejudice prong. Further, prejudice was not shown as a matter of law because the inmate received less than the maximum sentence for the charge of first-degree battery.
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| Timmons v. Norris, No. 07-32,
SUPREME COURT OF ARKANSAS, February 1, 2007, Opinion Delivered
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Overview: A motion for rule on the clerk under Ark. Sup. Ct. & Ct. App. R. 2-2(b) was denied because an inmate failed to show good cause for not tendering the record within the 90 day period under Ark. R. App. P. Civ. 5(a); a clerk was allowed to demand payment where the inmate did not obtain an order to proceed in forma pauperis on appeal.
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| Vanwagner v. Wal-Mart Stores, Inc., No. 06-565,
SUPREME COURT OF ARKANSAS, February 1, 2007, Opinion Delivered
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Overview: A claim for permanent-partial-disability benefits in 2000 was not time barred because it was filed in 1994; a hearing in 1995 did not lift the toll on the limitations period under Ark. Code Ann. § 11-9-702(b) because the parties agreed not to litigate the issue in 1995 where an employee was still in the healing period for a shoulder injury.
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| Wright v. State, No. CR 06-774,
SUPREME COURT OF ARKANSAS, February 1, 2007, Opinion Delivered
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Overview: There was sufficient evidence to convict defendant of arson, Ark. Code Ann. § 5-38-301(a)(1)(A), as (1) witnesses saw him walking away from crime scene; (2) his DNA was present on a rectal swab taken from victim; and (3) victim was dead before fire began, implying that she did not start it. Thus, his motion for directed verdict was properly denied.
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