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   State Courts - Arkansas - March 16, 2006

  
Bunn v. State, No. CR 05-326, SUPREME COURT OF ARKANSAS, March 16, 2006, Opinion Delivered
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Overview: Defendant's motion for duplication of his brief at public expense was denied under Ark. R. Crim. P. 37.1 as he failed to offer any showing of substantial merit to the appeal and did not show that the brief should be duplicated at public expense; he had to submit 17 copies of the brief as required by Ark. Sup. Ct. & Ct. App. R. 4-3(d).

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Campbell v. State, No. CR 03-570, SUPREME COURT OF ARKANSAS, March 16, 2006, Opinion Delivered
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Overview: Trial court denied defendant's Ark. R. Crim. P. 37.1 petition for postconviction relief as he failed to file brief in accordance with Ark. Sup. Ct. & Ct. App. R. 4-2(b)(3); plea hearing was not abstracted as required, and defendant did not provide impartial condensation of proceedings as required by Ark. Sup. Ct. & Ct. App. R. 4-2(a)(5).

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Cooper v. State, No. CR 05-453, SUPREME COURT OF ARKANSAS, March 16, 2006, Opinion Delivered
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Overview: Court dismissed petitioner's appeal of order denying in part his application for writ of habeas corpus where trial court did not have personal jurisdiction over him and could not release prisoner who was not in custody within that county. He should have filed application in county where he was imprisoned, as required by Ark. Code Ann. § 16-112-105.

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Crawford County v. Jones, 05-680, SUPREME COURT OF ARKANSAS, March 16, 2006, Opinion Delivered
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Overview: County employee's actions of reporting alleged misdeeds to quorum court members was reporting to "appropriate authorities," under Ark. Code Ann. § 21-1-602(2)(A)(ii) thus evidence supporting terminated employee's claim under Whistle-Blower Act created a question of fact and it was error for trial court to grant county's motion for directed verdict.

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Davis v. State, No. CR 05-849, SUPREME COURT OF ARKANSAS, March 16, 2006, Opinion Delivered
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Overview: Where the evidence showed that defendant walked back to the car to retrieve a gun, he shot the victim in vital areas, defendant made several inculpatory comments when he went back to the car, and he fled from police, there was sufficient evidence to support a capital murder conviction under Ark. Code Ann. § 5-10-101(a)(4).

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Hamm v. State, No. CR 05-676, SUPREME COURT OF ARKANSAS, March 16, 2006, Opinion Delivered
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Overview: Trial court did not abuse its discretion by admitting another victim's testimony during defendant's rape trial for the instant victim under the pedophile exception to Ark. R. Evid. 404(b) given the numerous similarities between the two cases, even though defendant contended that his actions towards the other victim were non-sexual in nature.

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Heinemann v. Hallum, No. 05-876, SUPREME COURT OF ARKANSAS, March 16, 2006, Opinion Delivered
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Overview: Where a complaint sought contribution from a beneficiary in a related trust case for breach of fiduciary duty, fraud, fraudulent administration of an estate, and civil conspiracy, the time limitations in Ark. Code Ann. § 28-53-110(d) (2004) did not apply, despite the fact that liability had arisen from an improper estate distribution.

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Hill v. State, No. CR 05-834, SUPREME COURT OF ARKANSAS, March 16, 2006, Opinion Delivered
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Reed v. State, No. CR 06-30, SUPREME COURT OF ARKANSAS, March 16, 2006, Opinion Delivered
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Overview: Appellant's motion to have his addendum to his Ark. R. Crim. P. 37.1 petition for postconviction relief duplicated at public expense was denied where he did not show that the addendum to the brief should be duplicated at public expense.

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Rodgers v. State, No. CR 05-1112, SUPREME COURT OF ARKANSAS, March 16, 2006, Opinion Delivered
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Overview: Court granted defendant's petition for writ of certiorari for more complete record of the proceedings denying his petition for postconviction relief because trial court referred to the hearing in its order and portions of the hearing might be pertinent to defendant's appeal. However, it was not necessary to lodge the record of the trial testimony.

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