Arkansas, February, 2005, State Case law

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State Courts - Arkansas - February 10, 2005

O'Neal v. State, No. CR 95-148, SUPREME COURT OF ARKANSAS, February 10, 2005, Opinion Delivered
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Overview: An inmate's petition for writ of error coram nobis was denied by the state supreme court because it lacked any grounds for relief; the grounds had to be contained in the body of the petition to reinvest jurisdiction in the trial court.

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Old Republic Sur. Co. v. McGhee, 04-704, SUPREME COURT OF ARKANSAS, February 10, 2005, Opinion Delivered
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Overview: A court erred in awarding summary judgment to an individual in an action against a surety for release of a bond to satisfy a judgment that she had previously won against a payday lender because she had failed to exhaust her administrative remedies.

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Poindexter v. Poindexter, 04-230, SUPREME COURT OF ARKANSAS, February 10, 2005, Opinion Delivered
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Overview: The trial court erred in failing to consider the child's best interest prior to changing the child's middle name. On remand, the trial court was to consider the child's best interest and the factors that had previously been used to determine whether it was in a child's best interest to change the child's surname.

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Robertson v. Norris, 03-1205, SUPREME COURT OF ARKANSAS, February 10, 2005, Opinion Delivered
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Overview: Where an inmate was unable to establish his legal right to mandamus relief, by producing a record showing that he was improperly classified as a third offender for parole-eligibility purposes under Ark. Code Ann. ? 16-93-607, his request for said relief was properly denied.

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Southern College of Naturopathy v. State ex rel. Beebe, 04-862, SUPREME COURT OF ARKANSAS, February 10, 2005, Opinion delivered
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Overview: In suit brought by State pursuant to deceptive trade practices act, trial court did not abuse its discretion in imposing discovery sanction of default, pursuant to Ark. R. Civ. P. 33 and 37, against alternative medicine practitioner and his school, where practitioner had destroyed information sought by State when he redacted student files.

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Stinnett v. Norris, No. 04-1103, SUPREME COURT OF ARKANSAS, February 10, 2005, Opinion Delivered
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Tillman v. State, No. CR 04-1375, SUPREME COURT OF ARKANSAS, February 10, 2005, Opinion Delivered
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Overview: Where defendant was declared indigent by the trial court and had not been granted his first appeal of right, his motion for appointment of counsel was granted, and the trial court erred by not doing so when it relieved his trial counsel.

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White v. State, No. CR 03-750, SUPREME COURT OF ARKANSAS, February 10, 2005, Opinion Delivered
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Overview: Defendant elected to represent himself and could not complain that quality of his defense amounted to denial of effective assistance. Claims that counsel's pretrial representation was ineffective were conclusory, so postconviction relief was denied.

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