Arkansas, April, 2007, State Case law

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State Courts - Arkansas - April 26, 2007

City of Fayetteville v. Washington County, No. 06-602, SUPREME COURT OF ARKANSAS, April 26, 2007, Opinion Delivered
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Overview: In a City's challenge to the County Assessor's allocation of millage rates, the Assessor was incorrect to allocate more mills to a school district for purposes of the tax-increment financing formula than were passed by the voters because to do so would have violated Ark. Const. art. XVI, ? 11.

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Crowell v. Barker, No. 06-985, SUPREME COURT OF ARKANSAS, April 26, 2007, Opinion Delivered
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Overview: In malpractice suit, trial court did not err in refusing to hold Ark. Code Ann. ? 16-114-207(3) unconstitutional because patient, claiming that physician negligently performed hysterectomy, failed to show preclusion of physician's original deposition testimony with respect to standard of care and suturing of patient's bladder prejudiced patient.

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Danner v. MBNA Am. Bank, N.A., No. 06-1429, SUPREME COURT OF ARKANSAS, April 26, 2007, Opinion Delivered
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Overview: A trial court erred in awarding summary judgment to a creditor in its action to confirm an arbitrator's award, which awarded the creditor $ 6,198 due to the debtor's nonpayment of charges on a credit card issued by the creditor, where there was a fact issue as to whether a written agreement to arbitrate existed between the parties.

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In re Rules of Crim. Procedure, Rule 28.2(a), SUPREME COURT OF ARKANSAS, April 26, 2007, Opinion Delivered
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Jackson v. State, No. CR 07-179, SUPREME COURT OF ARKANSAS, April 26, 2007, Opinion Delivered
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Lukach v. State, No. CR07-67, SUPREME COURT OF ARKANSAS, April 26, 2007, Opinion Delivered
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Overview: Where appellant was incarcerated in Lee County, Arkansas, for rape and burglary, the Circuit Court of Hot Spring County did not have personal jurisdiction to issue a writ of habeas corpus for his release under Ark. Code Ann. ? 16-112-105. The circuit court did not err when it declined to grant relief on appellant's motion for reconsideration.

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Malone v. State, No. CR 86-206, SUPREME COURT OF ARKANSAS, April 26, 2007, Opinion Delivered
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Overview: Where petitioner's request for relief under Ark. R. Crim. P. 37.1 from his sentence of 348 years for aggravated robbery, aggravated assault, and theft was denied, he was not entitled to proceed with a writ of error coram nobis. The post-conviction court had rejected his claim that sentence was excessive, and he failed to prove a Brady violation.

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Martin v. Ark. HHS, No. 07-245, SUPREME COURT OF ARKANSAS, April 26, 2007, Opinion Delivered
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Overview: Pursuant to Ark. Sup. Ct. & Ct. App. R. 6-9(b)(2)(D), because appellants' notice of appeal lacked the signature of each appellant, as well as the signature for each appellant's counsel, it was deficient; therefore, appellants' attorneys' motion for belated appeal was granted.

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Mishion v. State, No. CR07-321, SUPREME COURT OF ARKANSAS, April 26, 2007, Opinion Delivered
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Overview: Public defender's motion to be relieved as counsel for defendant in his appeal was granted because public defender was provided with a full-time, state-funded secretary; because public defender had state-funded secretary, under Ark. Code Ann. ? 19-4-1604(b)(2)(B), he could not seek compensation from appellate court for his work on defendant's case.

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Mishion v. State , No. 07-321, SUPREME COURT OF ARKANSAS, April 26, 2007, Opinion Delivered
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Overview: Pursuant to Ark. R. App. P. Civ. 5(b)(2), defendant's attorney failed to file the record in a timely manner where the record was not tendered to the supreme court clerk until two days after the deadline; thus, defendant's motion for rule on the clerk was granted.

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