Arkansas, February, 2005, State Case law

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State Courts - Arkansas - February 10, 2005

Alltel Corp. v. Sumner, 04-279, SUPREME COURT OF ARKANSAS, February 10, 2005, Opinion delivered
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Overview: Denial of the wireless providers motion to compel arbitration was affirmed as the providers only stated that it was their practice and procedure to provide copies of the terms and conditions prior to the initiation of service; as no evidence existed those procedures were implemented here, the individuals were not bound by the arbitration agreement.

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Avery v. State, CR 04-395, SUPREME COURT OF ARKANSAS, February 10, 2005, Opinion delivered
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Overview: Defendant's attorney's failure to file a notice of appeal that complied with Ark. R. App. P. Crim. 2 by identifying the judgment or order that was being challenged warranted dismissal of a criminal appeal.

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First Nat'l Bank of Dewitt v. Cruthis, 04-448, SUPREME COURT OF ARKANSAS, February 10, 2005, Opinion delivered
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Overview: Where a creditor alleged, among other claims, an equitable lien in the first count of its amended complaint, despite a constitutional amendment merging chancery and circuit courts, the circuit court erred in submitting its lien claim to a jury.

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Harrison v. State, CR 05-64, SUPREME COURT OF ARKANSAS, February 10, 2005, Opinion delivered
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In re Gaston , No. 05-121, SUPREME COURT OF ARKANSAS, February 10, 2005, Opinion Delivered
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In re Withers , No. 05-120, SUPREME COURT OF ARKANSAS, February 10, 2005, Opinion Delivered
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In re Young, No. 05-129, SUPREME COURT OF ARKANSAS, February 10, 2005, Opinion Delivered
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K.N. v. State, 04-1148, SUPREME COURT OF ARKANSAS, February 10, 2005, Delivered
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Overview: Court properly admitted a juvenile's statements at a revocation hearing to her probation officer regarding taking drugs because Ark. Code Ann. ? 9-27-321 protected juveniles from Miranda violations in a pre-adjudication context, not at a revocation hearing.

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Ligon v. Dunklin, No. 04-661, SUPREME COURT OF ARKANSAS, February 10, 2005, Opinion Delivered
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Overview: A client's motion for a free copy of the attorney's disbarment complaint and proceeding record was denied where it did not reference a need for the evidence to support a post-conviction proceeding.

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McGahey v. State, CR 04-1041, SUPREME COURT OF ARKANSAS, February 10, 2005, Opinion delivered
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