Arkansas, June, 2002, State Case law

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State Courts - Arkansas - June 27, 2002

Seagrave v. Price, 01-1370, SUPREME COURT OF ARKANSAS, June 27, 2002, Opinion Delivered
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Overview: As trial court made no reference in its findings as to mother's fitness as custodial parent and failed to give her presumption regarding her opinions with respect to rearing her child, grandparent visitation law was unconstitutionally applied.

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Short v. State, CR 01-1269, SUPREME COURT OF ARKANSAS, June 27, 2002, Opinion Delivered
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Overview: Where defendant was convicted of first-degree sexual abuse for sexually assaulting a child under the age of 14, knowledge, or even a reasonable belief of the victim's age, was eliminated as a defense and the State did not have to prove the same.

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State v. Goff, CR 01-1051, SUPREME COURT OF ARKANSAS, June 27, 2002, Opinion Delivered
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Overview: Grant of postconviction relief was reversed where defendant failed to prove that but for attorney's alleged error concerning conflicting information in an affidavit, there was a reasonable probability defendant would have been acquitted of murder.

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Stringfellow v. State, CR 02-328, SUPREME COURT OF ARKANSAS, June 27, 2002, Decided
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Overview: Where defendant failed to raise the grounds advanced in his coram nobis petition when he could have done so at the time of trial, he did not show that there was any good cause to permit him to proceed with a review of the denial of his petition.

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THE/FRE, Inc. v. Martin, 01-1373, SUPREME COURT OF ARKANSAS, June 27, 2002, Opinion Delivered
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Overview: When class members alleged that service fees charged in connection with check-cashing transactions were loans, and were usurious, the court properly found adequacy of representation, typicality, and superiority requirements to certify class were met.

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THE/FRE, Inc. v. Martin, 01-1371, SUPREME COURT OF ARKANSAS, June 27, 2002, Opinion Delivered
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Overview: Denial of check-casher's motion to compel arbitration, and determination that arbitration provision was unenforceable and unconscionable was upheld. Provision lacked mutuality.

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Thomas v. State, CR 01-974, SUPREME COURT OF ARKANSAS, June 27, 2002, Opinion Delivered
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Overview: As trial court's statutory power to reduce punishment assessed by jury was harmonious with, and complementary to, jury's power to fix punishment, trial court did not err in placing defendant on probation after jury imposed prison term.

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Tyson Foods, Inc. v. ConAgra, Inc., 01-737, SUPREME COURT OF ARKANSAS, June 27, 2002, Opinion Delivered
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Overview: The trial court erred in finding that the nutrient profile was a trade secret and was correct in granting the motion for JNOV. There was no proof that the corporation took steps to swear their employees to secrecy about the nutrient profile.

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