Arkansas, May, 2002, State Case law

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State Courts - Arkansas - May 9, 2002

Bailey v. State, CR 01-1097, SUPREME COURT OF ARKANSAS, May 9, 2002, Opinion Delivered
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Overview: Under jeopardy principles, trial court lacked the authority to commit defendant to a juvenile detention facility and then later make any disposition that it could have imposed at the time he was originally placed on probation.

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Brooks v. Glover, CR 02-367, SUPREME COURT OF ARKANSAS, May 9, 2002, Decided
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Cash in a Flash Check Advance of Ark. v. Spencer, 01-1210, SUPREME COURT OF ARKANSAS, May 9, 2002, Opinion Delivered
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Overview: Trial court did not err by not enforcing language contained in arbitration agreement between check cashing company and consumers, where agreement lacked mutuality. Company could not exercise remedy, where consumers were bound to arbitration.

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Clay v. State, CR 01-469, SUPREME COURT OF ARKANSAS, May 9, 2002, Decided
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Overview: Defendant's appeal of denial of petition for post-conviction relief was rejected as appellate court had previously returned the case to give defendant an opportunity to provide an adequate abstract of the record and defendant failed to do so.

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Clayborn v. Bankers Std. Ins. Co., 01-1225, SUPREME COURT OF ARKANSAS, May 9, 2002, Opinion Delivered
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Overview: Direct action suit by mother in negligence action against insurer for insured nonprofit corporation was precluded, as mother failed to show in pleadings that insured was nonprofit corporation that was immune from suit in tort.

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Douthitt v. State, CR 01-1, SUPREME COURT OF ARKANSAS, May 9, 2002, Decided
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Fouse v. State, CR 01-1221, SUPREME COURT OF ARKANSAS, May 9, 2002, Decided
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Overview: Trial court did not err in summarily dismissing defendant's petition for post-conviction relief alleging ineffective assistance of counsel due to alleged conflict of interest. Defendant failed to show actual conflict or resulting prejudice.

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Hamilton v. State, CR 01-391, SUPREME COURT OF ARKANSAS, May 9, 2002, Opinion Delivered
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Overview: Trial court did not err in excusing venire persons who opposed death penalty, defendant did not receive death penalty sentence and had no standing to raise errors on appeal. Diagram of crime scene was helpful to jury in understanding testimony.

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Harris v. State, 01-1270, SUPREME COURT OF ARKANSAS, May 9, 2002, Decided
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Overview: Habeas corpus relief was properly denied, as defendant failed to show habitual offender sentence of 40 years imposed for furnishing a prohibited article into a correctional facility was unlawful. Defendant could not raise actual innocence claim.

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Houston v. State, 01-1248, SUPREME COURT OF ARKANSAS, May 9, 2002, Decided
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