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State Courts -
Arkansas - May 30, 2007
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McBride v. State, No. CACR06-1158,
COURT OF APPEALS OF ARKANSAS, DIVISION TWO, May 30, 2007, Opinion Delivered
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Overview: Evidence supported defendant's convictions for second-degree unlawful discharge of firearm from vehicle, Ark. Code Ann. § 5-74-107(b)(1), as (1) witnesses saw gunfire from black vehicle; and (2) when vehicle was searched, no other individual was found, and a gun casing, matching gun that defendant threw out of vehicle's window, fell out of his lap.
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Owen v. Quarles, CA06-485,
COURT OF APPEALS OF ARKANSAS, DIVISION TWO, May 30, 2007, Decided
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Overview: Where the ex-husband bought the ex-wife a grandfather clock, a china cabinet, and two leather recliners during the marriage, these items were her separate property; the circuit court erred by finding that the items were marital property. Because tracing was difficult, the court was justified in declaring the parties' house to be marital property.
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Plunkett v. State, CACR06-1064,
COURT OF APPEALS OF ARKANSAS, DIVISION THREE, May 30, 2007, Decided
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Overview: As no motion requesting crime lab analyst's presence at trial appeared in record, defendant's confrontation right, Ark. Code Ann. § 12-12-313, was waived. Revocation of probation and suspension of sentence petition was properly not dismissed as he did not show that hearing was not held within 60 days of his arrest, Ark. Code Ann. § 5-4-310(b)(2).
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