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   State Courts - Arkansas - April 12, 2007

  
Sanders v. State, No. CR 07-314, SUPREME COURT OF ARKANSAS, April 12, 2007, Opinion Delivered
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Overview: Attorney's motion to be relieved as counsel was granted as attorney was not eligible for compensation on appeal, under Ark. Code Ann. § 19-4-1604(b)(2)(B), because attorney was a full-time, state-salaried public defender with a full-time, state funded secretary. Record on appeal was lodged as State had no objection to motion for extension of time.

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Simpson v. State, No. CACR 01-684, SUPREME COURT OF ARKANSAS, April 12, 2007, Opinion Delivered
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Overview: Inmate's motion, which sought at public expense a copy of the transcript of his trial that was lodged on direct appeal, was denied as he had not met his burden of demonstrating a compelling need for a copy of the transcript because the reasons given were entirely conclusory and did not rise to showing a specific need for a copy of the transcript.

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Smith v. Huckabee, No. 06-917, SUPREME COURT OF ARKANSAS, April 12, 2007, Opinion Delivered
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Overview: Inmate was not entitled to rehearing of order upholding denial of a petition for declaratory judgment where he did not point to an error of law or fact as required by Ark. Sup. Ct. & Ct. App. R. 2-3; Act 93 of 1977, Ark. Stat. Ann. § 43-2829, did not establish parole eligibility because inmate's life sentence was not commuted to term of years.

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State v. Wilmoth, No. CR06-1195, SUPREME COURT OF ARKANSAS, April 12, 2007, Opinion Delivered
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Overview: Grant of appellee's motion to dismiss three county charges on the grounds that his right to a speedy trial had been violated by the State's delay of over 14 years in placing a prior judgment and commitment order into execution was reversed because the circuit court lacked jurisdiction to consider or grant appellee's motion.

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Vidal v. State, No. CR07-259, SUPREME COURT OF ARKANSAS, April 12, 2007, Opinion Delivered
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Overview: Appellant's motion for rule on clerk, which was treated as a motion for a belated appeal, was granted where appellant's attorney candidly admitted fault; the attorney stated in the motion that he failed to file a timely notice of appeal.

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Wal-Mart Stores, Inc. v. Coughlin, No. 06-315, SUPREME COURT OF ARKANSAS, April 12, 2007, Delivered
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Overview: Store alleged that retirement agreement and release it entered into with employee was fraudulently induced. Trial court erred in dismissing suit because store sufficiently pleaded claims of breach of fiduciary duty, fraudulent inducement and concealment with particularity pursuant to Ark. R. Civ. P. 12(b).

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Wann v. State, No. CR06-1423, SUPREME COURT OF ARKANSAS, April 12, 2007, Delivered
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Overview: Defendant's motion for belated appeal was granted where, pursuant to Ark. R. App. P. Crim. 16(a), counsel had not been relieved by the trial court and was obligated to perfect the appeal and lodge the record in the appellate court; under Ark. Code Ann. § 19-4-1604(b)(2)(B), counsel was permitted to withdraw as attorney.

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