Arkansas, May, 2005, State Case law

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State Courts - Arkansas - May 26, 2005

Aydelotte v. State, No. CR 04-822, SUPREME COURT OF ARKANSAS, May 26, 2005, Opinion Delivered
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Bradford v. Goodson, No. CR 05-165, SUPREME COURT OF ARKANSAS, May 26, 2005, Opinion Delivered
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Emery v. State, No. CR 04-1098, SUPREME COURT OF ARKANSAS, May 26, 2005, Opinion Delivered
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Overview: Inmate, who filed a pro se petition for habeas corpus pursuant to Ark. Code Ann. ? 16-112-201 (Supp. 2003), was not entitled to relief; the inmate's request for DNA testing failed since the technology was available and admissible at the time of trial.

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Herron v. State, CR 04-938, SUPREME COURT OF ARKANSAS, May 26, 2005, Opinion delivered
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Overview: The trial court did not abuse its discretion in denying defendant's motion for severance where the additional defense that defendant claimed was being proposed by codefendant was not antagonistic to defendant's defense. Under Ark. R. Evid. 404(b), admission of defendant's prior battery conviction was proper given similar nature to crime charged.

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In re Marker, No. 05-549, SUPREME COURT OF ARKANSAS, May 26, 2005, Opinion Delivered
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Johnson v. State, CR 05-506, SUPREME COURT OF ARKANSAS, May 26, 2005, Opinion delivered
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Overview: The trial court did not err in denying an inmate's petition for postconviction relief under Ark. R. Crim. P. 37.1 because it was filed outside the time limits of Ark. R. Crim. P. 37.2, and the court dismissed the inmate's appeal; pursuant to Ark. R. App. P. Crim. 16, the court granted counsel's motion to be relieved as counsel.

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Lilley v. State, CR 04-1382, SUPREME COURT OF ARKANSAS, May 26, 2005, Opinion delivered
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Overview: An officer did not have reasonable suspicion, U.S. Const. amend. IV, to further detain defendant for a canine sniff after a traffic stop where the officer based the further detention on a one-way rental, a rental in another person's name, nervousness, and the presence of air freshener.

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Looney v. State, No. CR 04-578, SUPREME COURT OF ARKANSAS, May 26, 2005, Opinion Delivered
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Overview: Appellate court affirmed the denial of an inmate's petition for postconviction relief as the inmate was attempting to relitigate issues that had been presented on direct appeal, and hearing was not necessary as, under Ark. R. Crim. P. 37.3(a), the trial court made written findings and specified the parts of the record that supported its decision.

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McClellan v. State, No. CR 04-1318, SUPREME COURT OF ARKANSAS, May 26, 2005, Opinion Delivered
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Overview: Court denied defendant's motion for appointment of counsel in his appeal of denial of his Ark. R. Crim. P. 37.1 motion because postconviction matters were considered civil in nature; there was no right to counsel. Defendant made no statement as to merit of his appeal and failed to demonstrate that he was entitled to appointment of counsel by court.

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McCoy v. State, No. CR 04-505, SUPREME COURT OF ARKANSAS, May 26, 2005, Opinion Delivered
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Overview: Defendant's motion to file his reply brief belatedly was denied where defendant did not file a motion for extension of time explaining the reasons why his brief was filed late and defendant established no good cause for the belated filing.

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