Arkansas, February, 2007, State Case law

Access State and Federal Case Law, plus U.S. Supreme Court cases — for free!

Click on any of the case links below to view the full text of that case — for free — through lexisONE®, a legal research and news service from LexisNexis®. Login is required — registration is free!

State Courts - Arkansas - February 15, 2007

Buckley v. State, No. CR 06-172, SUPREME COURT OF ARKANSAS, February 15, 2007, Opinion Delivered
View this case - free

Overview: Appellant's brief in appeal from denial of petition for postconviction relief under Ark. R. Crim. P. 37.1 was not adequate for court's review because appellant did not include copy of petition in his addendum and petition was a pleading relevant to any decision on that petition such that it was required by Ark. Sup. Ct. & Ct. App. R. 4-2(a)(8).

Search Cases for Free

Commercial Energy Users Group v. Ark. PSC, No. 06-342, SUPREME COURT OF ARKANSAS, February 15, 2007, Opinion Delivered
View this case - free

Overview: In an appeal from a rate increase decision from the Arkansas Public Service Commission (PSC), a motion to dismiss the appeal as untimely was denied because Ark. R. App. P. Civ. 4(b)(1) did not apply; and the notice of appeal could have been filed from a deemed denied date or the date the PSC entered an order on an application for rehearing.

Search Cases for Free

Dilday v. State, No. CR06-976, SUPREME COURT OF ARKANSAS, February 15, 2007, Opinion Delivered
View this case - free

Overview: Where prior charges against defendant for making false insurance claims had been dismissed, a subsequent prosecution for defrauding Medicaid was not subject to dismissal under Ark. R. Crim. P. 21.3(c) since there was no single episode or single act of conduct where the fraud was against different entities.

Search Cases for Free

Gipson v. State, No. CR 07-40, SUPREME COURT OF ARKANSAS, February 15, 2007, Opinion Delivered
View this case - free

Overview: An inmate's petition for postconviction relief under Ark. R. Crim. P. 37.1 was properly denied because his allegations of ineffective assistance of counsel under the Sixth Amendment were conclusory in nature; the inmate failed to demonstrate the impact of counsel's conduct, and counsel did file a motion to suppress evidence.

Search Cases for Free

Hancock v. State, No. CR 06-1133, SUPREME COURT OF ARKANSAS, February 15, 2007, Opinion Delivered
View this case - free

Search Cases for Free

In re Ark. Lawyers Assistance Program, No., SUPREME COURT OF ARKANSAS, February 15, 2007, Opinion Delivered
View this case - free

Search Cases for Free

Johnson v. State, No. CR 06-791, SUPREME COURT OF ARKANSAS, February 15, 2007, Opinion Delivered
View this case - free

Overview: Court dismissed appeal from denial of Ark. R. Crim. P. 37.1 petition for postconviction relief, as trial court lacked jurisdiction to consider merits of petition when appellant filed petition before appellate court issued mandate affirming his conviction. Once he appealed conviction, trial court did not regain jurisdiction until mandate was issued.

Search Cases for Free

Jones v. Huckabee, No. 06-620, SUPREME COURT OF ARKANSAS, February 15, 2007, Opinion Delivered
View this case - free

Overview: Summary judgment was properly granted to the Arkansas Crime Information Center (ACIC) and other parties in an action alleging a violation of an arrestee's civil rights because there was no requirement that the ACIC physically destroy expunged records under Ark. Code Ann. ? 16-90-901(a)(1), (2).

Search Cases for Free

Recinos v. Zelk, No. 06-291, SUPREME COURT OF ARKANSAS, February 15, 2007, Delivered
View this case - free

Overview: The dismissal of a wrongful-death action against a doctor and a hospital was upheld because it was improperly refiled by a mother and father as heirs at law when a personal representative had been appointed under Ark. Code Ann. ? 16-62-102(b); the personal representative should have been substituted as the real party in interest prior to dismissal.

Search Cases for Free

Rhodes v. Wyatt, No. CR 07-52, SUPREME COURT OF ARKANSAS, February 15, 2007, Opinion Delivered
View this case - free

Overview: Where prisoner had filed for writ of habeas corpus pursuant to Ark. Code Ann. ?? 16-112-201 to -207 (2003) requesting DNA testing, he was not entitled to a writ of mandamus to the circuit court that had ordered the testing but not entered judgment because he could obtain the relief he sought by filing a motion to compel with that court.

Search Cases for Free

Communities Portal