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| Allied Assocs. v. Clair's One Stop, Inc., No. 05-128,
SUPREME COURT OF ARKANSAS, May 19, 2005, Opinion Delivered
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Overview: The denial of the individual's motion for rule on clerk seeking to lodge the record belatedly was proper pursuant to Ark. R. App. P. 5(a) where it was his burden to tender the record within the time allowed and the failure to timely tender the record was cause to dismiss an appeal.
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| Bennett v. State, CR 05-439,
SUPREME COURT OF ARKANSAS, May 19, 2005, Opinion delivered
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Overview: Defendant's right to appeal his judgment of conviction was waived pursuant to Ark. R. App. P. Crim. 2(e) as the attorney failed to file the motion for a belated appeal within 18 months of the judgment being entered.
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| Gardner v. State, CR 05-472,
SUPREME COURT OF ARKANSAS, May 19, 2005, Opinion delivered
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| Hall v. Norris, No. 05-88,
SUPREME COURT OF ARKANSAS, May 19, 2005, Opinion Delivered
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Overview: Where defendant had not plead facial invalidity or lack of jurisdiction and only alleged in his habeas petition that he was entitled to relief because the evidence against him was insufficient, that there was prosecutorial misconduct, and that he was provided ineffective assistance, he was not entitled to relief under Ark. Code Ann. § 16-112-103.
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| Hester v. State, CR 04-875,
SUPREME COURT OF ARKANSAS, May 19, 2005, Opinion delivered
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Overview: Motion to suppress was properly denied because defendant refused consent to search after police used a knock and talk procedure, and police had probable cause to believe he was manufacturing methamphetamine in the house and that he would destroy evidence, thus limited restraint of denying him entry to his residence for short time was not unlawful.
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| MacKool v. State, CR 04-1258,
SUPREME COURT OF ARKANSAS, May 19, 2005, Opinion delivered
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Overview: Appellate court granted defendant's motion for an extension of time to settle the record and file a reply brief as there was some evidence that a manslaughter instruction missing from the record had been proffered. The matter was remanded to the trial court to determine if the instruction had been proffered and to amend the record if it had.
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| Marshall v. State, Nos. CR 05-231 and CR 05-232,
SUPREME COURT OF ARKANSAS, May 19, 2005, Opinion Delivered
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Overview: Where defendant did not file his petition for postconviction relief alleging ineffective assistance of counsel within 90 days of the date of entry of judgment following his guilty pleas, his petition was properly dismissed as untimely under Ark. R. Crim. P. 37.2.
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| Martin v. State, No. CR 04-946,
SUPREME COURT OF ARKANSAS, May 19, 2005, Opinion Delivered
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| Meeks v. State, No. 05-168,
SUPREME COURT OF ARKANSAS, May 19, 2005, Opinion Delivered
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Overview: Defendant failed to show that the trial court lacked jurisdiction or that his commitment was invalid on its face in that there was probable cause to believe he was illegally detained under Ark. Code Ann. § 16-112-103; therefore, there was no basis for a finding that a writ of habeas corpus should have issued.
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