Arkansas, February, 2004, State Case law

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State Courts - Arkansas - February 12, 2004

McDonald v. State, CR 03-957, SUPREME COURT OF ARKANSAS, February 12, 2004, Opinion Delivered
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Overview: An attorney was not required to admit fault for filing an untimely notice of appeal in a criminal case before a motion for relief was considered by the Arkansas Supreme Court; a belated appeal was granted because the attorney was clearly at fault.

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McKenzie v. State, CR 03-775, SUPREME COURT OF ARKANSAS, February 12, 2004, Opinion Delivered
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Nichols v. Harmon, 02-567, SUPREME COURT OF ARKANSAS, February 12, 2004, Decided
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Overview: One envelope per week was sufficient to protect an indigent inmate's right to access to the courts, and the inmate had not shown that he had a legal right to envelopes on a daily basis to support the issuance of a writ of mandamus.

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RMP Rentals v. Metroplex, Inc., 03-569, SUPREME COURT OF ARKANSAS, February 12, 2004, Opinion Delivered
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Overview: In foreign contractor's appeal of judgment for subcontractors in lien foreclosure action, judgment was affirmed; only Arkansas court had subject-matter jurisdiction to enforce liens and order foreclosure on real property located within Arkansas.

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Ramaker v. Clinger, CR 03-1403, SUPREME COURT OF ARKANSAS, February 12, 2004, Decided
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Reed v. State, CR 03-1451, SUPREME COURT OF ARKANSAS, February 12, 2004, Decided
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Riverdale Dev. Co., LLC v. Ruffin Bldg. Sys., 03-244, SUPREME COURT OF ARKANSAS, February 12, 2004, Opinion Delivered
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Overview: Party not involved in arbitration may use arbitration award to bind his opponent if party to be bound, or privy, was before arbitrator, had full and fair opportunity to litigate issue, and issue was decided by arbitrator or was necessary to decision.

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Thurmond v. State, CR 03-1396, SUPREME COURT OF ARKANSAS, February 12, 2004, Decided
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Overview: Defendant's motion for belated appeal of order was denied where he failed to state a good cause for his failure to file a timely notice of appeal and unfamiliarity with procedure was not good cause for failing to follow mandatory procedural rules.

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Turner v. State, CR 01-761, SUPREME COURT OF ARKANSAS, February 12, 2004, Decided
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Overview: Defendant was not entitled to photocopying at public expense of the transcript lodged on appeal, where he did not provide a compelling need for specific documentary evidence to support an allegation contained in a postconviction relief petition.

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