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   State Courts - Arkansas - May 5, 2005

  
Nameloc, Inc. v. Jack, Lyon & Jones, P.A., 04-1018, SUPREME COURT OF ARKANSAS, May 5, 2005, Opinion delivered
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Overview: Trial court did not err in striking the companies' counterclaim that was filed the day of trial as the prejudice to the lawyers would have been great if the counterclaim was to go forward. Trial court had jurisdiction to hear lawyers' claim for fees even though companies appealed dismissal of counterclaim as the claims were unrelated.

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Pledger v. Carrick, No. 04-1252, SUPREME COURT OF ARKANSAS, May 5, 2005, Opinion delivered
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Overview: Appellate court reversed grant of summary judgment in favor of a doctor and a clinic in a medical malpractice action as a husband was prevented from completing discovery that might have established that the continuous-treatment doctrine tolled the statute of limitations in Ark. Code Ann. § 16-114-203 (Supp. 1999).

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Reed v. State, No. CR 03-1451, SUPREME COURT OF ARKANSAS, May 5, 2005, Opinion Delivered
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Overview: In a postconviction appeal, appellant abstracted very little of the trial testimony and none of the postconviction relief hearing. The appellate court ordered appellant to provide an abstract sufficient to conduct a meaningful review in conformance with Ark. Sup. Ct. & Ct. App. R. 4-2(a)(5), (8).

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Robinson v. Ford-Robinson, 04-1235, SUPREME COURT OF ARKANSAS, May 5, 2005, Opinion delivered
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Overview: An order awarding a stepmother visitation in a divorce action was upheld because the stepmother had stood in loco parentis to the child since he was 18 months old. The stepmother was the only mother that the child had ever known, and he did not know that she was not his birth mother until first grade.

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Smith v. Maggio, No. CR 05-260, SUPREME COURT OF ARKANSAS, May 5, 2005, Opinion Delivered
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Townsend v. State, No. CR 04-1212,, SUPREME COURT OF ARKANSAS, May 5, 2005, Opinion Delivered
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Welch v. State, No. CR 03-539, SUPREME COURT OF ARKANSAS, May 5, 2005, Opinion Delivered
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Overview: Defendant's postconviction relief claims under Ark. R. Crim. P. 37 that trial counsel was ineffective were without merit as there was no speedy trial violation, decision not to call witnesses was a matter of trial strategy, and the evidence was sufficient to show that defendant possessed the contraband found in the car. Other claims were baseless.

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Williams v. State, No. CR 03-1169, SUPREME COURT OF ARKANSAS, May 5, 2005, Opinion Delivered
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Overview: The inmates convicted of capital murder were not entitled to habeas relief. Newly discovered evidence consisting of jail records did not warrant relief under 2001 Ark. Acts 1780 as it was unrelated to any scientific testing of evidence. There was no new scientific testing that was not available at the time of the inmates' trial.

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