Arkansas, May, 2002, State Case law

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State Courts - Arkansas - May 1, 2002

Curne v. State, CACR01-1059, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, May 1, 2002, Decided
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Overview: Rule requiring that a probation revocation hearing be held within 60 days after defendant's arrest was inapplicable where he was incarcerated on other charges, not incarcerated awaiting his revocation hearing.

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Duke v. State, CA CR 01-967, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, May 1, 2002, Decided
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Overview: Evidence was substantial to support conviction of battery in the second degree as dogs were used in manner as to constitute deadly weapons; victim suffered serious physical injury and defendant acted recklessly.

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Entm't & Leisure Corp. v. Razorback Entm't Corp., CA01-1260, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, May 1, 2002, Decided
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Overview: Where appellants were required to final notice of appeal within 30 days of final order of the chancery court, appeal filed nearly 2 months later was untimely, and appellate court lacked jurisdiction to hear the appeal.

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Fleming Cos. v. Tucker Abstract Co., CA01-1216, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, May 1, 2002, Decided
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Overview: Where company entered an agreement with abstract company to release its interest when owed funds were received upon sale of subject property, nothing indicated the presence of a condition precedent for the release and summary judgment was improper.

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Hawkins v. State, CACR01-1102, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, May 1, 2002, Decided
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Overview: Trial court did not violate defendant's right to confront witness by admitting statement of absent witness at his revocation hearing, where it was not offered for truth of matter asserted, but to explain how officer located defendant.

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Hewitt v. State, CACR01-976, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, May 1, 2002, Decided
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James v. State, CACR 01-886, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, May 1, 2002, Decided
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Overview: Trial court had jurisdiction to run defendant's three-year sentence consecutively to her earlier prison sentence, and statutes dealing with the computation of a sentence did not operate to repeal each other.

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Johnson v. State, CACR 01-1025, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, May 1, 2002, Decided
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Overview: Police had probable cause to arrest defendant, as police had trustworthy information that offense was committed by defendant. Defendant failed to demonstrate how management of voir dire prejudiced him or amounted to abuse of discretion.

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Jordan v. State, CA01-1203, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, May 1, 2002, Decided
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Overview: Trial court properly denied transfer of criminal case to juvenile court, where it determined crimes alleged involved the use of force by defendant, was committed against a person, and involved planning and premeditation.

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Lenoir v. State, CA CR 01-849, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, May 1, 2002, Opinion Delivered
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Overview: Where defendant was convicted of murder, conviction was supported by substantial evidence; it was not error to not admit his expert witness on cross-racial identification; photographs were cumulative; and it was not error to exclude testimony.

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