Arkansas, May, 2002, State Case law

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State Courts - Arkansas - May 30, 2002

Baldwin v. Baldwin, 01-1258, SUPREME COURT OF ARKANSAS, May 30, 2002, Opinion Delivered
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Overview: Appellate court did not err in remanding appeal to allow husband to re-abstract appellate brief, and supreme court affirmed chancery court's decision after supplemental abstract failed to cure the deficiencies in the first abstract.

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Buckley v. State, CR 01-644, SUPREME COURT OF ARKANSAS, May 30, 2002, Opinion Delivered
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Overview: There was no error in the decision to refuse to accept defendant's attempt to waive a jury on resentencing. Defendant did not demonstrate prejudice by having a different jury sentence him, as his sentence was less than his original sentence.

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Campbell v. State, CR 01-1181, SUPREME COURT OF ARKANSAS, May 30, 2002, Opinion Delivered
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Overview: Defendant's appeal was abated, and he was afforded opportunity to cure deficiencies in his abstract, addendum, and appellate brief before appellate court would affirm for noncompliance with appellate rules.

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Clay v. State, CR 01-469, SUPREME COURT OF ARKANSAS, May 30, 2002, Decided
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Overview: Petition for rehearing of affirmation of denial of post-conviction was denied. Defendant had been warned to file substituted abstract, yet did not do so.

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D.B. Griffin Warehouse, Inc. v. Sanders, 01-716, SUPREME COURT OF ARKANSAS, May 30, 2002, Opinion Delivered
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Overview: A trial court erred by denying a warehouse's motion for a directed verdict in a wrongful death suit, where there was no evidence presented that there was a latent danger in the roof about which the warehouse had a duty to warn the deceased.

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Davenport v. Lee, 01-456, SUPREME COURT OF ARKANSAS, May 30, 2002, Decided
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Overview: Appellant administrators' motion to stay, or in the alternative to recall the supreme court's mandate dismissing their wrongful death action, was denied as devoid of any citation to authority showing legal or factual error in the opinion.

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Hazelwood v. Burnett, CR 02-413, SUPREME COURT OF ARKANSAS, May 30, 2002, Decided
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Jackson v. Mundaca Fin. Servs., 01-893, SUPREME COURT OF ARKANSAS, May 30, 2002, Opinion Delivered
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Overview: Assignee was barred from raising issue of whether it was holder in due course in its motion for reconsideration, where it was not plead as affirmative defense; therefore, trial court erred by setting aside original judgment for debtors.

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Lake View Sch. Dist. No. 25 v. Huckabee, 01-836, SUPREME COURT OF ARKANSAS, May 30, 2002, Opinion Delivered
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Overview: Appellate court granted State's motion for extension of time to prepare a new abstract, but denied public schools' motion for sanctions and for summary dismissal.

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USA Check Cashers of Little Rock, Inc. v. Island, 01-1294, SUPREME COURT OF ARKANSAS, May 30, 2002, Opinion Delivered
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Overview: Class certification for consumers against check cashing company was proper as the proposed class representatives were more than adequate. Order granting class certification was separate from a judgment which delved into the merits of a case.

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