Arkansas, March, 2006, State Case law

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State Courts - Arkansas - March 9, 2006

Green v. State, No. CR 04-1379, SUPREME COURT OF ARKANSAS, March 9, 2006, Opinion Delivered
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Overview: In a capital murder case, a court erred by denying a mistrial where the victim's sister testified that her brother stole defendant's marijuana plants and that she was afraid for her brother to be around defendant because her nephew died mysteriously after the theft; the statement was not only prejudicial but also irrelevant, Ark. R. Evid. 404(b).

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Harvest Rice, Inc. v. Fritz & Mertice Lehman Elevator & Dryer, Inc., No. 05-716, SUPREME COURT OF ARKANSAS, March 9, 2006, Opinion Delivered
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Overview: Summary judgment was improperly granted in favor of company where buyer's buyer report evinced prior oral agreement between the buyer and the company; therefore, the report satisfied the merchants' exception as a writing in confirmation of the contract, pursuant to Ark. Code Ann. ? 4-2-201(2), which removed alleged contract from Statute of Frauds.

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Johnson v. State, No. CR 05-932, SUPREME COURT OF ARKANSAS, March 9, 2006, Opinion Delivered
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Ligon v. Newman, No. 03-1381, SUPREME COURT OF ARKANSAS, March 9, 2006, Opinion Delivered
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Overview: Attorney was disbarred for misconduct, Ark. Sup. Ct. Prof. Conduct P. ? 17, where he deprived his firm of fees that it was entitled to and when confronted with his misappropriation, he concocted various methods to avoid detection, and there was a pattern established whereby the attorney wrongfully retained monies that did not belong to him.

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Lowe v. State, No. CR 03-1173, SUPREME COURT OF ARKANSAS, March 9, 2006, Opinion Delivered
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Overview: The denial of an inmate's motion seeking, at public expense, a copy of a trial transcript was proper where the court did not have the transcript and there were no grounds to grant the request.

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MacKool v. State, No. CR05-609, SUPREME COURT OF ARKANSAS, March 9, 2006, Opinion Delivered
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Overview: Evidence was sufficient to sustain a first degree murder conviction, under Ark. Code Ann. ? 5-10-102, where defendant's own statements to the police, some of which contained inconsistencies, his conduct before and after the crime, and statements of the victim's friends regarding her fear of defendant tended to connect him to the murder.

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McKinnon v. Norris, No. 05-756, SUPREME COURT OF ARKANSAS, March 9, 2006, Opinion Delivered
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Overview: Petitioner was properly denied habeas corpus relief after he was allegedly forced to forfeit good-time credit as result of a prison disciplinary proceeding because his reliance on Ark. Code Ann. ? 16-90-121 was misplaced; statute did not nullify ??12-29-201(d), which held that meritorious good time did not apply to reduce the length of a sentence.

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Posey v. Laser, No. CR 05-1328, SUPREME COURT OF ARKANSAS, March 9, 2006, Opinion Delivered
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Robinson v. State, No. CR 90-140, SUPREME COURT OF ARKANSAS, March 9, 2006, Opinion Delivered
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Overview: The denial of the inmate's petition for a writ of error coram nobis was proper where any allegations pertaining to the representation afforded by counsel at trial should have been raised by the inmate in his former Ark. R. Crim. P. 36.4 petition for postconviction relief.

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Watts v. State, No. 05-686, SUPREME COURT OF ARKANSAS, March 9, 2006, Opinion Delivered
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Overview: Prisoner appealed from a circuit court's dismissal of his petition for a writ of habeas corpus. Reviewing court dismissed appeal because, under Ark. Code Ann. ? 16-112-105, the circuit court could not issue a writ when it did not have personal jurisdiction over the prisoner; the circuit court did not have personal jurisdiction over the prisoner.

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