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   State Courts - Arkansas - April 1, 2004

  
Benavidez v. State, CR 04-98, SUPREME COURT OF ARKANSAS, April 1, 2004, Decided
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Briley v. State, CR 04-197, SUPREME COURT OF ARKANSAS, April 1, 2004, Decided
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Overview: Petitioner's motion to proceed with a belated appeal was denied, where he did not establish clerk received notice of appeal within 30 days of the order appealed from, but did not file it, and provided no good cause for failure to file timely notice.

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Crain v. State, CR 03-734, SUPREME COURT OF ARKANSAS, April 1, 2004, Decided
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Gentry v. State, CA CR 86-70, SUPREME COURT OF ARKANSAS, April 1, 2004, Decided
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Overview: Where defendant failed to show that the judgment of conviction rendered against him was absolutely void; thus, he had not shown that there was a cause to grant him leave to proceed in the trial court with a petition for postconviction relief.

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In re Ark. Supreme Court Rule 4-3, 04-270, SUPREME COURT OF ARKANSAS, April 1, 2004, Opinion Delivered
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Johnson v. State, CR 02-1362, SUPREME COURT OF ARKANSAS, April 1, 2004, Opinion Delivered
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Overview: Postconviction DNA retesting should have been granted as to "Negroid" hairs for African American inmate convicted of capital murder. Probability was 1 in 250 that hairs belonged to another African American; that result could have included thousands.

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Lockhart v. State, CR 04-75, SUPREME COURT OF ARKANSAS, April 1, 2004, Decided
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Overview: Where defendant failed to file his petition for postconviction relief within 90 days of the date the judgment was entered on his pleas of guilty, the petition was untimely and his motions following the lodging of his appeal were rendered moot.

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Mauldin v. State, CR 04-162, SUPREME COURT OF ARKANSAS, April 1, 2004, Decided
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Overview: Where appellate counsel's motion to dismiss defendant's appeal was not accompanied by defendant's signature verifying that he did not desire to appeal, the appeal was remanded to determine whether defendant consented to the motion to dismiss.

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R.K. Enter., L.L.C. v. Pro-Comp Mgmt., No. 03-409, SUPREME COURT OF ARKANSAS, April 1, 2004, Opinion Delivered
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Overview: Language of Arkansas Trade Secrets Act displaced or preempted award of damages based on tort claims for conversion of trade secrets as well as other claims such as conspiracy, that might have arisen under claim of misappropriation of trade secrets.

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Sims v. State, CR 03-63, SUPREME COURT OF ARKANSAS, April 1, 2004, Opinion Delivered
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Overview: Defendant was entitled to suppress evidence of drugs seized from his car when police detained him after the legitimate purpose of the traffic stop ended.

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