Arkansas, May, 2005, State Case law

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State Courts - Arkansas - May 5, 2005

Automated Conveyor Sys. v. Hill, 04-1256, SUPREME COURT OF ARKANSAS, May 5, 2005, Opinion delivered
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Overview: The denial of the employer's writ of prohibition after the circuit court refused to dismiss the employee's negligence claim against the employer was proper pursuant to Ark. Const. art. 2, ? 13 because a worker whose injury was not covered by the Workers' Compensation Act was not precluded from filing a claim in tort against his employer.

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Baker v. State, CR 04-542, SUPREME COURT OF ARKANSAS, May 5, 2005, Opinion delivered
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Overview: On appeal of the order denying defendant's motion to suppress his confession, meither the motion nor the supporting briefs were included in the record, and the trial court's order denying the motion was not abstracted. In accordance with Ark. Sup. Ct. & Ct. App. R. 4-2(b)(3), a rebriefing was ordered.

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Beverly v. State, No. CR 05-150, SUPREME COURT OF ARKANSAS, May 5, 2005, Opinion Delivered
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Overview: In postconviction proceedings pursuant to Ark. R. Crim. P. 37.1, a pro se appellant was granted access to a copy of the record and an extension of time to file his appellate brief. Appellant failed to establish merit in his postconviction appeal; therefore, he was not entitled to appointment of counsel.

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Boyle v. State, CR 03-854, SUPREME COURT OF ARKANSAS, May 5, 2005, Opinion delivered
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Overview: Appellate court affirmed the dismissal of the inmate's petition for postconviction relief with prejudice because the petition violated Ark. R. Crim. P. 37.1(d) and (e) in that it was not verified by the inmate, it exceeded ten pages in length, and a compliant brief could not be filed within the time limitations of Ark. R. Crim. P. 37.2(c).

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Bradford v. Goodson, No. CR 05-165, SUPREME COURT OF ARKANSAS, May 5, 2005, Opinion Delivered
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Briley v. Peacock Realty, Ltd., No. 04-640, SUPREME COURT OF ARKANSAS, May 5, 2005, Opinion Delivered
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Overview: After dismissing plaintiff's appeal of an order awarding summary judgment to defendants for his failure to remit the necessary filing fee, the court denied his motion for reconsideration because the motion was a reiteration of his initial motion to proceed in forma pauperis; there was no basis for reconsideration.

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Flowers v. State, CR 04-853, SUPREME COURT OF ARKANSAS, May 5, 2005, Opinion delivered
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Overview: Defendant voluntarily waived his Miranda rights where he verbally indicated that he understood them, he initialed each of his responses and signed the waiver, he appeared to be alert and responsive, and he did not seem to have any problem understanding his rights as they were explained to him.

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Graham Constr. Co. v. Earl, 04-769, SUPREME COURT OF ARKANSAS, May 5, 2005, Opinion delivered
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Overview: A construction company's express warranty that the roof would not leak took precedence over the owner's implied warranty of the adequacy and suitability of the materials, plans, and specifications that he supplied. The owner was properly awarded $ 3,200.00 for the leaking roof, plus attorneys' fees and costs.

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Hess v. State, No. CR 05-164, SUPREME COURT OF ARKANSAS, May 5, 2005, Opinion Delivered
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Lake View Sch. Dist. No. 25 v. Huckabee, 01-836, SUPREME COURT OF ARKANSAS, May 5, 2005, Opinion delivered
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