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| Alexander v. State, No. CR 06-1484,
SUPREME COURT OF ARKANSAS, March 22, 2007, Delivered
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Overview: Court denied petitioner's motion for reconsideration of an order dismissing his appeal of denial of his petition for habeas corpus, which was filed under Act 1780, codified at Ark. Code Ann. §§ 16-112-201 -207, where petitioner failed to establish a valid basis for scientific testing. He did not show that testing would actually prove his innocence.
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| Aydelotte v. State, No. CR 06-903,
SUPREME COURT OF ARKANSAS, March 22, 2007, Opinion Delivered
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Overview: An order denying appellant's second pro se Ark. R. Crim. P. 37.1 petition to vacate judgment was upheld because when appellant's original Rule 37.1 petition was denied, the trial court did not grant leave to file a second petition; therefore, appellant was procedurally barred from proceeding again under the rule.
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| Darrough v. State, No. CR 07-223,
SUPREME COURT OF ARKANSAS, March 22, 2007, Opinion Delivered
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Overview: A motion for rule on clerk filed by appellant and his attorney was granted where the attorney accepted responsibility for failing to timely lodge the record; in accordance with McDonald, the attorney candidly admitted fault.
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| Ellis v. State, No. CR 07-104,
SUPREME COURT OF ARKANSAS, March 22, 2007, Opinion Delivered
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Overview: A trial court properly denied defendant's motion for reconsideration of an order denying his Ark. R. Crim. P. 37.1 petition for postconviction relief where pursuant to Ark. R. Crim. P. 37.2(d), the trial court lacked jurisdiction to address the allegations contained in the motion for reconsideration.
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| Goodwin v. State, No. CR 06-612,
SUPREME COURT OF ARKANSAS, March 22, 2007 Opinion Delivered
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Overview: Petitioner sought postconviction relief under Ark. R. Crim. P. 37.1. Petition was properly denied. Counsel decided not to sever other charges from felon in possession of firearm charge because parole officer would have revealed petitioner's status. Failure to consult with petitioner did not render decision unreasonable.
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| Halfacre v. State, No. CR 86-183 and CR 86-184,
SUPREME COURT OF ARKANSAS, March 22, 2007, Opinion Delivered
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Overview: Where petitioner was convicted of aggravated robbery in two cases, he was not entitled to a writ of error coram nobis. The State did not violate double jeopardy by failing to charge him with the lesser-included offense of robbery. He was not entitled to file a second petition for postconviction relief under Ark. R. Crim. P. 37.1.
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| Lamar Advantage Holding Co. v. Ark. State Highway Comm'n, No. 06-961,
SUPREME COURT OF ARKANSAS, March 22, 2007, Opinion Delivered
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Overview: A trial court erred in awarding summary judgment to the Arkansas State Highway Commission (ASHC) in its condemnation action against a lessee that had a billboard on the condemned property where the facts were not sufficiently developed to make a ruling as to whether the income that the lessee sought to recover was business income or rental income.
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| Munson v. Ark. Dep't of Corr. Sex Offender Screening & Risk Assessment, No. 06-933,
SUPREME COURT OF ARKANSAS, March 22, 2007, Opinion Delivered
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Overview: Court erred in dismissing appellant's petition for judicial review of assessment declaring him to be a sex offender where record did not contain evidence that letters from Arkansas Department of Corrections Sex Offender Screening and Risk Assessment Committee were sent to him by certified mail, as required by Ark. Code Ann. § 12-12-922(b)(7)(A)(i).
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| Parker v. BancorpSouth Bank, No. 06-1171,
SUPREME COURT OF ARKANSAS, March 22, 2007, Opinion Delivered
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Overview: In foreclosure proceeding brought by a bank against a debtor, debtor alleged that Statutory Foreclosure Act, Ark. Code Ann. §§ 18-50-101 to 18-50-117 (2003) was unconstitutional because the act violated due process guarantees; however, there was no state action present or state official involved in the foreclosure proceeding.
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| Posey v. State, No. 06-1009,
SUPREME COURT OF ARKANSAS, March 22, 2007, Opinion Delivered
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Overview: Where appellant challenged the evidence supporting the decision to revoke his probation for robbery, he was not entitled to habeas relief under Ark. Code Ann. § 16-112-103. Appellant failed to state a valid challenge to the trial court's jurisdiction and failed to show that the commitment rendered in his case was facially invalid.
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