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| Maddox v. City of Fort Smith, No. 06-635,
SUPREME COURT OF ARKANSAS, March 1, 2007, Opinion Delivered
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Overview: A circuit court properly held that Ark. Code Ann. § 14-234-214(e) (1998) was inapplicable to a city's transfers from the water-and-sewer operating fund and the sanitation fund to the general fund as the revenue transferred was not rate-derived surplus, but was the city's portion of county sales tax revenue authorized by a county ordinance.
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| Mhoon v. State, No. CR 06-100,
SUPREME COURT OF ARKANSAS, March 1, 2007, Opinion Delivered
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Overview: Trial court erred in denying defendant's motion to prohibit introduction of breathalyzer test results as it was not motion to suppress, Ark. R. Crim. P. 16.2, and rights form failed to meet requirements of Ark. Code Ann. § 5-65-204. Under Ark. R. Evid. 201, trial court did not err by refusing to take judicial notice of alcohol testing regulations.
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| Myers v. Yingling, No. 06-132,
SUPREME COURT OF ARKANSAS, March 1, 2007, Delivered
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Overview: A circuit court had no jurisdiction to enter a second order in an action concerning a boundary dispute where an individual had appealed the first order even though it did not include the property's legal description and had filed the record in that appeal, thereby divesting the circuit court of jurisdiction over the parties and subject matter.
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| Nooner v. State, No. CR 94-358,
SUPREME COURT OF ARKANSAS, March 1, 2007, Opinion Delivered
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Overview: Defendant's writ of prohibition was denied as his allegations concerning the conduct of the former attorney general or the representation of counsel in a federal court proceeding were not matters within the purview of the wit. Defendant's request for immediate execution of the death sentence was premature.
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| Perez v. State, No. CR07-139,
SUPREME COURT OF ARKANSAS, March 1, 2007, Opinion Delivered
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Overview: Where defendant failed to timely tender the record on appeal of his conviction for robbery and theft of property, it was plain from the motion for rule on clerk that there was error on the attorney's part. In accordance with Ark. R. App. P. Civ. 5(a), the state supreme court granted his motion for rule on clerk.
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| Robertson v. State, No. 03-1205,
SUPREME COURT OF ARKANSAS, March 1, 2007, Opinion Delivered
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Overview: A prisoner's motion to direct the court clerk to file an original action was denied where the prisoner's application for a writ of error coram nobis was an attempt to bolster the record that he failed to provide when the appeal was before the appellate court and thus, it did not fall within the purview of Ark. Sup. Ct. & Ct. App. R. 6-1.
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| S. Farm Bureau Cas. Ins. Co. v. Easter, No. 06-885,
SUPREME COURT OF ARKANSAS, March 1, 2007, Opinion Delivered
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Overview: Pursuant to Ark. R. App. P. Civ. 2(a)(1), an appeal could be taken only from a final judgment or decree entered by the trial court; pursuant to Ark. R. Civ. P. 54(b), due to the lack of a final order, the insurer's appeal was dismissed as the trial court never ruled upon appellees' counterclaim.
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| Simons v. Marshall, No. 06-1087,
SUPREME COURT OF ARKANSAS, March 1, 2007, Delivered
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Overview: Rebriefing was ordered in a state trooper's appeal of a circuit court decision denying his motion to dismiss an individual's complaint where he had included a copy of the transcript of the hearing on his motion in the addendum instead of abstracting the transcript as required by Ark. Sup. Ct. & Ct. App. R. 4-2(a)(5).
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| White County v. City of Judsonia, No. 06-649,
SUPREME COURT OF ARKANSAS, March 1, 2007, Opinion Delivered
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Overview: Ark. Code Ann. § 16-17-129 did not authorize a county to collect an additional $5 fine in city courts to help defray the expense of housing prisoners in the county detention center as the legislature's clear intent was to give a county the same authority to collect the fine in district court as a city's authority to collect the fine in city court.
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