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   State Courts - Arkansas - April 28, 2005

  
Nance v. State, No. CR 99-365, SUPREME COURT OF ARKANSAS, April 28, 2005, Opinion Delivered
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Overview: Although petitioner claimed that the State was prohibited from imposing the death penalty under Ark. Code Ann. ? 5-4-618(b) (Repl. 1997) because of his mental retardation, his petition for writ of error coram nobis was denied; petitioner failed to exercise due diligence in raising his claims.

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Shaw v. State, No. CR 05-236, SUPREME COURT OF ARKANSAS, April 28, 2005, Opinion Delivered
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Smith v. State, CR 05-27, SUPREME COURT OF ARKANSAS, April 28, 2005, Opinion delivered
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Overview: In postconviction proceedings, the Supreme Court of Arkansas granted appellant's motion to remand the case to the trial court to settle the record. The file-stamp date on the petition for postconviction relief was incorrect. The court could not determine whether the petition was timely filed under Ark. R. Crim. P. 37.2(c).

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Tobacco Superstore, Inc. v. Darrough, 04-1329, SUPREME COURT OF ARKANSAS, April 28, 2005, Opinion delivered
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Overview: In an employment discrimination case, a trial court erred by failing to grant a motion for admission pro hac vice under Ark. R. Admis. Bar. XIV because all of the requirements were met either by motion or at a hearing; the attorneys were not required to submit a certified copy of a Tennessee rule regarding comity.

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Wilburn v. Cottrell, No. CR 05-380, SUPREME COURT OF ARKANSAS, April 28, 2005, Opinion Delivered
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Williams v. Ark. Dep't of Corr., 03-674, SUPREME COURT OF ARKANSAS, April 28, 2005, Opinion delivered
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Overview: Inmate who asserted wool blankets caused him to suffer rashes, did not show a serious medical need that would have supported a claim of a violation of Ark. Const. Art. 2, ? 9 or Arkansas Civil Rights Act, Ark. Code Ann. ? 16-123-105 (Supp. 2003). He was provided with treatment for symptoms, but same did not rise to level of serious medical need.

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Young v. State, No. CR 04-1321, SUPREME COURT OF ARKANSAS, April 28, 2005, Opinion Delivered
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Overview: Where appellant inmate did not file his petition for postconviction relief seeking pretrial sentencing credit within the ninety-day time limit set out in Ark. R. Crim. P. 37.2, the circuit court did not have jurisdiction to grant him relief. The circuit court did not err when it declined to grant the motion to modify his sentence.

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