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   State Courts - Arkansas - April 27, 2006

  
Poe v. Rosenzweig, No. 06-328, SUPREME COURT OF ARKANSAS, April 27, 2006, Opinion Delivered
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Overview: Motion for rule on clerk was dismissed because no record was received, as required under Ark. Sup. Ct. & Ct. App. R. 6-1(a); the court was unable to determine what trial court was involved or whether the matter pertained to a state or federal proceeding.

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Rackley v. State, No. CR06-385, SUPREME COURT OF ARKANSAS, April 27, 2006, Opinion Delivered
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Overview: State supreme court remanded a grant by a circuit court judge of an individual's motion for rule on the clerk for an extension of time because the circuit court judge did not indicate, as required by Ark. R. App. P. Civ. 5(b)(1)(C), if all parties had had the opportunity to be heard on the motion.

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State v. Hayes, No. CR05-1277, SUPREME COURT OF ARKANSAS, April 27, 2006, Opinion Delivered
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Overview: Appellate court reversed the dismissal of criminal charges against defendant for sexual abuse in the first-degree filed against defendant under Ark. Code Ann. § 5-14-108 because when the alleged criminal acts occurred, § 5-14-108 allowed the action to be filed within three years of the victim's 18th birthday which happened here.

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Steinmetz v. State, No. CR05-455, SUPREME COURT OF ARKANSAS, April 27, 2006, Opinion Delivered
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Overview: Probable cause existed under the Fourth Amendment and Ark. R. Crim. P. 14.3 for the deputy to enter defendants' resident without a warrant where a security alarm had been activated and a door to the house was open; it was reasonable for the deputy to believe that a crime might be in progress and for him to secure the premises, including entry.

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Stephens v. State, No. CA CR 05-781, SUPREME COURT OF ARKANSAS, April 27, 2006, Opinion Delivered
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Overview: An inmate's motion to copy a transcript and other court documents at public expense based on alleged indigency was denied because the inmate failed to show that the documents would have furthered development of any specific claim; therefore, he did not meet the burden of showing a need for the information at no cost to him.

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Ulmer v. Circuit Court, No. 05-1035, SUPREME COURT OF ARKANSAS, April 27, 2006, Opinion Delivered
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Overview: Appellate court denied the writ of prohibition filed by a doctor and a medical clinic because even if the special administratrix had not completed the requirements for appointment, the trial court clearly had jurisdiction over wrongful death and medical-malpractice claims. Thus, the writ was improper.

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Young v. State, No. CR 06-231, SUPREME COURT OF ARKANSAS, April 27, 2006, Opinion Delivered
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Overview: An appeal of an order denying appellant's motion to correct a clerical mistake in judgments reflecting his guilty pleas to arson and witness bribery was dismissed as moot where the motion was not properly made to the appellate court. The motion was subject to the limitations in Ark. R. Crim. P. 37.1 on the timely filing of a petition.

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