Arkansas, February, 2006, State Case law

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State Courts - Arkansas - February 9, 2006

Rusak v. State, No. CR06-87, SUPREME COURT OF ARKANSAS, February 9, 2006, Opinion Delivered
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Overview: Where defendant's attorneys tendered the record on appeal late due to a mistake on their part, the court granted defendant's motion for rule on clerk.

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Scott v. State, No. CR 05-351, SUPREME COURT OF ARKANSAS, February 9, 2006, Opinion Delivered
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Overview: Appellate court affirmed the dismissal of an individual's petition for postconviction relief pursuant to Ark. R. Crim. P. 37.1 because the individual had been dismissed by the time the petition came up for hearing and the "in custody" requirement did not violate the individual's equal protection rights.

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Smith v. AJ&K Operating Co., No. 05-193, SUPREME COURT OF ARKANSAS, February 9, 2006, Opinion Delivered
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Overview: The supreme court declined to reverse the trial court's order that implemented the directive of a prior mandate that allowed a temporary restraining order to be modified to allow the oil companies to remediate and clean up land under such reasonable guidelines as the trial court might establish.

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Smith v. State, No. CR 05-27, SUPREME COURT OF ARKANSAS, February 9, 2006, Opinion Delivered
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Overview: Appellant convicted of first-degree murder was not entitled to postconviction relief under Ark. R. Crim. P. 37.1, due to the trial court's admission of allegedly false photographs of appellant's truck. There was other trial evidence to show that appellant's ex-wife was bleeding in his truck. Counsel was not deficient for failing to object.

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