Arkansas, February, 2005, State Case law

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State Courts - Arkansas - February 17, 2005

Battle v. State, No. CR 05-44, SUPREME COURT OF ARKANSAS, February 17, 2005, Opinion Delivered
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Brooks v. State, No. CR 03-538, SUPREME COURT OF ARKANSAS, February 17, 2005, Opinion Delivered
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Overview: Appellant failed to meet his burden of proving that trial counsel's performance was deficient or that he was prejudiced by the representation, and postconviction relief under Ark. R. Crim. P. 37.1 was a means to collaterally attack a conviction, not a means for directly attacking the judgment.

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Cooper v. Johnson, No. CR 05-84, SUPREME COURT OF ARKANSAS, February 17, 2005, Opinion Delivered
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Gilliam v. State, No. CR 04-1228, SUPREME COURT OF ARKANSAS, February 17, 2005, Opinion Delivered
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Overview: An inmate's appeal from a trial court's denial of his postconviction relief petitions was dismissed where inmate failed to file an appellate brief and where postconviction pleadings were untimely because they were not filed within 90 days of the date that judgment was entered on the inmate's guilty pleas, as required by Ark. R. Crim. P. 37.2(c).

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Hickman v. Courtney, 04-1065, 04-1065, SUPREME COURT OF ARKANSAS, February 17, 2005, Opinion Delivered
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Overview: An accountant's intention to charge an employee a rate of interest that proved to be usurious was clearly evidenced by tax forms and his own testimony that he intended to charge 8.5 percent interest. The accountant's argument that Ark. Const. art. 19, ? 13 was unconstitutional was not preserved for appellate review.

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Huff v. Arter, 04-1325, SUPREME COURT OF ARKANSAS, February 17, 2005, Opinion Delivered
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Johnson v. Putman, No. CR 04-1313, SUPREME COURT OF ARKANSAS, February 17, 2005, Opinion Delivered
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Lowe v. State, No. CR 03-1173, SUPREME COURT OF ARKANSAS, February 17, 2005, Opinion Delivered
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Overview: Indigent petitioner's motion seeking at public expense a copy of trial transcript lodged on appeal from his criminal convictions was denied where petitioner cited no specific documentary evidence needed to support an allegation that could be raised in a timely petition for postconviction relief, and thus, there was no ground to grant the request.

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Mims v. State, No. CR 04-973, SUPREME COURT OF ARKANSAS, February 17, 2005, Opinion Delivered
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Overview: Petitioner's motion to be provided at public expense with a copy of response that he filed to State's motion to dismiss his appeal from denial of postconviction relief was denied where petitioner did not file timely petition for postconviction relief in state courts, and he did not contend that there was some postconviction remedy available to him.

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Phillips v. State, CR 04-1118, SUPREME COURT OF ARKANSAS, February 17, 2005, Opinion Delivered
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Overview: Where defendant failed to preserve an issue for appeal from a decision on a directed verdict motion by clearly and specifically stating it in the trial court pursuant to Ark. R. Crim. P. 33.1, nothing was presented for appellate review.

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