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   State Courts - Arkansas - April 5, 2007

  
Ark. HHS v. Circuit Court, No. 06-06, SUPREME COURT OF ARKANSAS, April 5, 2007, Opinion Delivered
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Bell v. State, No. CR06-871, SUPREME COURT OF ARKANSAS, April 5, 2007, Opinion Delivered
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Bell v. State, No. CR06-871, SUPREME COURT OF ARKANSAS, April 5, 2007, Opinion Delivered
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Johnson v. State, No. CR 06-791, SUPREME COURT OF ARKANSAS, April 5, 2007, Opinion Delivered
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Overview: Appellant's motion for reconsideration of the dismissal of his appeal of an order denying his motion for postconviction relief was denied because the court found unpersuasive his argument that he was disadvantaged due to his pro se status.

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Lowry v. State, No. CR 06-1044, SUPREME COURT OF ARKANSAS, April 5, 2007, Opinion Delivered
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Overview: Appellant convicted of arson was not entitled to post-conviction relief under Ark. R. Crim. P. 37.1; police saw his truck near the site of the fire, and the victim told police that appellant started the fire. Counsel's failure to filed a motion to suppress evidence of shoes seized from appellant's home did not change the outcome of the trial.

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McMickle v. Griffin, No. 06-672, SUPREME COURT OF ARKANSAS, April 5, 2007, Delivered
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Overview: Decedent was killed after his vehicle hit back of farm tractor on highway. In wrongful death suit, trial court erred in refusing administratrix's request for instruction based on Ark. Code Ann. § 27-35-210 because as far as any inconsistencies with Ark. Code Ann. § 27-35-102 were concerned, § 27-35-210 was controlling statute.

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Murry v. Humphrey, No. CR 07-209, SUPREME COURT OF ARKANSAS, April 5, 2007, Opinion Delivered
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Nooner v. State, No. CR 94-358, SUPREME COURT OF ARKANSAS, April 5, 2007, Opinion Delivered
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Taylor v. State, No. CR 07-240, SUPREME COURT OF ARKANSAS, April 5, 2007, Opinion Delivered
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Overview: Appellant's motion for appointment of counsel in his appeal of denial of postconviction relief was denied because appellant made no statement as to merit of the appeal; hence, the court could not find that he demonstrated that counsel should be appointed for the appeal. There was no constitutional right to an attorney in postconviction proceedings.

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Venn v. State, No. CR 06-584, SUPREME COURT OF ARKANSAS, April 5, 2007, Opinion Delivered
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Overview: The trial court did not err in denying defendant's Ark. R. Crim. P. 37.1 petition for postconviction relief where defendant's own actions resulted in a waiver of his right to be present during jury selection, Ark. Const. art. 2, § 10 and Sixth Amendment; defendant was not absent from any critical stage of the trial and failed to show prejudice.

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