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| Cox v. State, No. CR 05-80,
SUPREME COURT OF ARKANSAS, February 23, 2006, Opinion Delivered
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Overview: After revoking defendant's probation for controlled substance offenses, a court did not err in ordering him to serve a 40-year sentence as it could have done originally because Ark. Code Ann. § 5-4-309(f)(1)(A) applied. Section 16-93-402(e)(5) was inapplicable because no sentence was originally imposed on him; he was placed on probation and fined.
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| Daniels v. Dennis, No. 05-1351,
SUPREME COURT OF ARKANSAS, February 23, 2006, Opinion Delivered
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Overview: In judge's challenge to constitutionality of Ark. Code Ann. § 16-13-104, trial court properly found statute was unconstitutional because Ark. Const. amend. 80, § 16 provided qualifications for judicial candidates; the constitution controlled and voided the statute. Secretary of State's reliance on Ark. Const. amend. 29 was unavailing.
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| Harrison v. State, No. CR 05-64,
SUPREME COURT OF ARKANSAS, February 23, 2006, Opinion Delivered
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Overview: Appellate court reversed the denial of an inmate's motion for postconviction relief pursuant to Ark. R. Crim. P. 37.1 because the trial court denied the motion without issuing any written findings as required by Ark. R. Crim. P. 37.3.
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| Hudson v. Kyle, No. 05-509,
SUPREME COURT OF ARKANSAS, February 23, 2006, Opinion Delivered
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Overview: Order granting mother's motion to terminate father's visitation rights with his child was upheld because it was trial court's prerogative to consider mother's testimony, and specifically her concerns for her daughter's mental health, to be more credible. Trial court also did not err in revisiting facts that were received in a prior trial of matter.
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| Johnson v. State, No. CR 05-890,
SUPREME COURT OF ARKANSAS, February 23, 2006, Opinion Delivered
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Overview: Appellate court denied defendant's pro se motion to file a belated appeal where a prior motion filed by defendant's attorney had previously been denied.
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| Maxwell v. State, No. CR 05-421,
SUPREME COURT OF ARKANSAS, February 23, 2006, Opinion Delivered
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Overview: Appellate court affirmed the denial of an inmate's petition for postconviction relief because the inmate did not verify the petition as required by Ark. R. Crim. P. 37.1(d).
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| McDaniel v. State, No. CR 06-65,
SUPREME COURT OF ARKANSAS, February 23, 2006, Opinion Delivered
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Overview: Where an inmate filed his motion for a belated appeal for Ark. R. Crim. P. 37 relief well beyond the 60-day requirement in Ark. R. Crim. P. 37.2, the inmate's motion was denied.
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| Morgan v. State, No. CR 06-133,
SUPREME COURT OF ARKANSAS, February 23, 2006, Opinion Delivered
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| Ratchford v. State, No. CR 05-317,
SUPREME COURT OF ARKANSAS, February 23, 2006, Opinion Delivered
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Overview: Appellate court reversed the denial of an inmate's petition for postconviction relief and remanded the matter to the trial court to hold an evidentiary hearing on the authenticity of the inmate's signature verifying his Ark. R. Crim. P. 37.1 petition as required by Rule 37.1(d).
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