Arkansas, February, 2006, State Case law

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State Courts - Arkansas - February 23, 2006

Smith v. State, No. CR 05-294, SUPREME COURT OF ARKANSAS, February 23, 2006, Opinion Delivered
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Overview: Appellant convicted of two counts of rape for engaging in sexual intercourse or deviate sexual activity was not entitled to post-conviction relief under Ark. R. Crim. P. 37.1. Counsel was not ineffective for failing to question all witness, failing to inform appellant of a possible conflict of interest, or for failing to request a continuance.

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Wilkerson v. State, No. CR 05-1187, SUPREME COURT OF ARKANSAS, February 23, 2006, Opinion Delivered
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Overview: A trial court did not err in failing to suppress defendant's confession to capital murder because the Arkansas police had properly advised defendant of his Miranda rights. The totality of the circumstances surrounding the interrogation by the police revealed both an uncoerced choice and the requisite level of comprehension by defendant.

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Yankaway v. State, No. CR 05-1071, SUPREME COURT OF ARKANSAS, February 23, 2006, Opinion Delivered
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Overview: Appellate court denied defendant's motion for the appointment of new counsel in substitution for his current counsel as defendant demonstrated no actual conflict of interest, and his claims of ineffective assistance of counsel were not cognizable on direct appeal as they were not raised below.

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