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| Kimbell v. Ass'n of Rehab Indus., No. 05-1319,
SUPREME COURT OF ARKANSAS, May 11, 2006, Opinion Delivered
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Overview: There was no substantial evidence to support the Arkansas Workers' Compensation Commission's conclusion that the employee was not performing employment services when he was injured, Ark. Code Ann. § 11-9-102(4)(B)(iii), where the employee was carrying out the employer's purpose and advancing its interest when the injury occurred.
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| McCarthy v. Pulaski County Circuit Court, No. 05-1246,
SUPREME COURT OF ARKANSAS, May 11, 2006, Opinion Delivered
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Overview: Appellate court granted an individual's writ of prohibition because it was within the exclusive jurisdiction of the Arkansas Workers Compensation Commission to determine if an employer had immunity under Ark. Code Ann. § 11-9-105.
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| Mejia v. State, No. CR06-442,
SUPREME COURT OF ARKANSAS, May 11, 2006, Opinion Delivered
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Overview: The granting of the attorney's motion to withdraw as defendant's attorney on appeal was proper where the attorney was provided with a full-time, state-funded secretary who maintained his office operations. Thus, he would not have been able to seek compensation for his appellate work under Ark. Code Ann. § 19-4-1604(b)(2)(B).
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| Weaver v. Valley, No. 05-1367,
SUPREME COURT OF ARKANSAS, May 11, 2006, Opinion Delivered
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Overview: Appellate court granted the motion to withdraw filed by the mayor and city council members because even if the appellate court held that the reasons for moving to withdraw were not supported by the record, appellants could withdraw without giving a reason before the matter was submitted.
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| White v. State, No. CR 05-836,
SUPREME COURT OF ARKANSAS, May 11, 2006, Opinion Delivered
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Overview: Trial court's order denying appellant's Ark. R. Crim. P. 37.1 postconviction petition for relief was affirmed as appellant failed to show that trial counsel was ineffective in, inter alia, failing to subpoena two witnesses, questioning the rape victim and her mother, and withdrawing a motion to suppress appellant's confession.
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| Winkle v. State, No. CR05-862,
SUPREME COURT OF ARKANSAS, May 11, 2006, Opinion Delivered
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Overview: Defendant's acquittal of charges under 18 U.S.C.S. § 2423(a) in federal court did not operate as a bar to his statutory rape prosecution, Ark. Code Ann. § 5-14-103, in state court under Ark. Code Ann. § 5-1-114(1)(A); the underlying conduct upon which the federal conviction and Arkansas charge were based was not the same.
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| Young v. Black, No. 06-021,
SUPREME COURT OF ARKANSAS, May 11, 2006, Opinion Delivered
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Overview: Supreme court's clerk correctly declined to lodge record on appeal as it was not tendered within 90 days of the date of the notice of appeal, Ark. R. App. P. Civ. 5(a). Failure to timely tender the record without good cause was reason to dismiss appeal. Thus, petitioner's motion for rule on clerk seeking to lodge the record belatedly was denied.
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