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   State Courts - Arkansas - April 12, 2007

  
Baker v. Norris, No. 06-830, SUPREME COURT OF ARKANSAS, April 12, 2007, Delivered
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Overview: Circuit court did not err in dismissing inmate's petition for habeas corpus where although inmate's original judgment and commitment order was erroneous, sentencing court had jurisdiction to amend order to reflect the correct statute; inmate failed to show that commitment was invalid and did not establish habeas corpus, Ark. Code Ann. § 16-112-103.

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Busbee v. Ark. HHS, No. 06-1089, SUPREME COURT OF ARKANSAS, April 12, 2007, Opinion Delivered
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Overview: Where a father failed to include in the record all orders relevant to a parental rights termination hearing as required by Ark. Sup. Ct. & Ct. App. R. 6-9(c)(1), the father failed to meet his burden of bringing up a proper record; therefore, the father's appeal of the circuit court's order terminating his parental rights was dismissed.

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C.A.R. Transp. Brokerage Co. v. Seay, No. 06-1122, SUPREME COURT OF ARKANSAS, April 12, 2007, Opinion Delivered
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Overview: Inter alia, although trial court correctly held judicial foreclosure sale purchaser was entitled to an equitable lien on excess proceeds from foreclosure sale held in trust by the couple's counsel, the court erred in finding that the lien attached as of date of the commencement of the trial and the attachment was modified to date of the judgment.

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Gonzalez-Lora v. Circuit Clerk of St. Francis County, No. 07-170, SUPREME COURT OF ARKANSAS, April 12, 2007, Opinion Delivered
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Johnson v. State, No. CR 07-142, SUPREME COURT OF ARKANSAS, April 12, 2007, Opinion Delivered
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Overview: Where appellant was convicted and sentenced to life without parole for murder and 240 months of imprisonment for robbery, she failed to file her petition for post-conviction relief within sixty days of the date the mandate was issued. As the petition was not timely filed under Ark. R. Crim. P. 37.2(c), the circuit court could not grant relief.

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Johnson v. State, No. CR 06-993, SUPREME COURT OF ARKANSAS, April 12, 2007, Opinion Delivered
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Overview: In a murder case, counsel was not ineffective for failing to call appellant's neighbor at trial because appellant did not pass on information about her to counsel, and the substance of the neighbor's testimony would not have shed sufficient doubt on the other witness's testimony to cause prejudice to appellant in the absence of such testimony.

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Ligon v. Stewart, No. 06-260, SUPREME COURT OF ARKANSAS, April 12, 2007, Opinion Delivered
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Overview: Attorney who represented himself as a landlord's attorney to a tenant and a city council while his license was suspended due to a DWI conviction was disbarred because a felony conviction was a serious crime and the attorney's DWI conviction and unauthorized practice of law constituted serious misconduct under Ark. Sup. Ct. Prof. Conduct P. § 17(B).

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Love v. State, No. CR 06-1236, SUPREME COURT OF ARKANSAS, April 12, 2007, Opinion Delivered
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Overview: In an appeal from the denial of an inmate's Ark. R. Crim. P. 37.1 petition for postconviction relief, the inmate's motion that his brief be duplicated at public expense was denied as the inmate had not shown that the brief should have been duplicated at public expense because he failed to offer any showing of substantial merit to the appeal.

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Peters v. State, No. CR06-1188, SUPREME COURT OF ARKANSAS, April 12, 2007, Opinion Delivered
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Overview: Defendant had waived his right to appeal where the circuit court found that his counsel informed him of his right to appeal and he indicated that he did not want to appeal. Thus, he had waived his right appeal by failing to timely inform his counsel of his intent to appeal.

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Ruth R. Remmel Revocable Trust v. Regions Fin. Corp., No. 06-616, SUPREME COURT OF ARKANSAS, April 12, 2007, Delivered
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Overview: In sale of brokerage corporation, trusts, trustee, and family members alleged several intentional tort claims against financial corporation. Although Ark. Code Ann. § 16-108-201(b)(2) provided that intentional tort claims were not subject to arbitration, stock-purchase agreement revealed that claims fit squarely within agreement to arbitrate.

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