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   State Courts - Arkansas - May 9, 2002

  
Howard v. State, CR 00-803, SUPREME COURT OF ARKANSAS, May 9, 2002, Opinion Delivered
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Overview: Prosecutor's statement in closing that the murder victim witnessed defendant strangling her child before she died was not improper; though there was no direct evidence of this, it was a plausible inference from the evidence.

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Koch v. State, CR 00-1189, SUPREME COURT OF ARKANSAS, May 9, 2002, Decided
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Overview: Defendant failed to shoulder burden of proving ineffective assistance of counsel and to show that failure to call co-defendant was not choice of sound trial strategy or that it resulted in conflict of interest.

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Luebbers v. Advance Am. Cash Advance Ctrs. of Ark., Inc., 01-1182, SUPREME COURT OF ARKANSAS, May 9, 2002, Opinion Delivered
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Overview: Until class action members' intervention issue was decided, they were not independent parties to class action, other than as class member objectors who had no right to independently appeal the class action settlement.

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McGhee v. State, CR 02-353, SUPREME COURT OF ARKANSAS, May 9, 2002, Opinion Delivered
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Overview: Where defendant timely filed notice of appeal, but did not timely file record, motion for belated appeal or for rule on clerk was remanded to determine why record was not timely filed and why no motion for rule on clerk was pursued earlier.

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Miles v. State, CR 00-635, SUPREME COURT OF ARKANSAS, May 9, 2002, Opinion Delivered
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Overview: Defendant, who was convicted of robbery and kidnapping, did not have speedy trial right violated. Delay from State's motion to continue was properly excluded. Trial court did not abuse its discretion by refusing to allow witness's testimony.

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Moix-Mcnutt v. Brown, 01-283, SUPREME COURT OF ARKANSAS, May 9, 2002, Decided
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Overview: Appellate court refused to retreat from occurrence rule with respect to commencement of limitations period in legal malpractice cases, and affirmed that action began to run, in absence of concealment of the wrong, when the negligence occurred.

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Oakwood Homes Corp. v. Woodall, 02-349, SUPREME COURT OF ARKANSAS, May 9, 2002, Opinion Delivered
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Overview: Where questions as to whether or not potential class action lawsuit involved disparate classes and whether supersedeas bond was required pending interlocutory appeal were questions for trial court, motion for stay was remanded to trial court.

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