Arkansas, May, 2005, State Case law

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State Courts - Arkansas - May 19, 2005

Robertson v. Norris, No. 03-1205, SUPREME COURT OF ARKANSAS, May 19, 2005, Opinion Delivered
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Roston v. State, CR 04-588, SUPREME COURT OF ARKANSAS, May 19, 2005, Opinion delivered
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Overview: Defendant's confrontation clause argument as to the confidential informant was not preserved for appeal. Pursuant to Ark. Code Ann. ? 5-64-401(b)(1)(i), defendant had committed an offense punishable by incarceration, and was therefore subject to a revocation of his probation. Crime lab personnel testimony was not necessary to prove case.

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Scott v. State, No. CR 05-350, SUPREME COURT OF ARKANSAS, May 19, 2005, Opinion Delivered
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Scott v. State, No. CR 05-477, SUPREME COURT OF ARKANSAS, May 19, 2005, Opinion Delivered
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Stewart v. State, CR 05-18, SUPREME COURT OF ARKANSAS, May 19, 2005, Opinion delivered
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Overview: There was no proof of why defendant did not have a reasonable excuse for failure to appear, Ark. Code Ann. ? 4-54-120(a)(2), other than the case coordinator's testimony; more had to be offered in the way of documentary proof or a judge's order, written or verbal, to subject defendant to a felony conviction for failure to appear.

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Terry v. State, No. CR 04-97, SUPREME COURT OF ARKANSAS, May 19, 2005, Opinion Delivered
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Overview: The denial of the inmate's petition for postconviction relief without an evidentiary hearing was appropriate pursuant to Ark. R. Crim. P. 37.1 and 37.3 where his claim of ineffective assistance of counsel was without merit because he failed to show prejudice under the second prong of the Strickland test.

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Troub v. Norris, No. 04-1293, SUPREME COURT OF ARKANSAS, May 19, 2005, Opinion Delivered
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Overview: The inmate's motion to file a belated reply brief was properly dismissed because the supreme court found that he could not prevail on appeal.

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Villines v. Harris, 04-568, SUPREME COURT OF ARKANSAS, May 19, 2005, Opinion delivered
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Overview: County court lacked subject-matter jurisdiction over claims of violation of federal constitution (in case at bar, deprivation of constitutional rights), and its judgment in that regard was void, as was circuit court's judgment affirming same. As to final order requiring determination of damages, prior case law was overruled.

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Williams v. State, CR 04-964, SUPREME COURT OF ARKANSAS, May 19, 2005, Opinion delivered
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Overview: In the absence of a record that complied with Ark. Sup. Ct. Admin. Order No. 4, the supreme court remanded defendant's appeal following his rape conviction to settle the record regarding which of the police officer's remarks were objected to by defendant and were subsequently reviewed by the jury and trial court.

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