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State Courts -
Arkansas - May 30, 2007
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Porter v. State, CACR06-1114,
COURT OF APPEALS OF ARKANSAS, DIVISION TWO, May 30, 2007, Decided
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Overview: Defendant's conviction for possession of methamphetamine, a violation of Ark. Code Ann. ? 5-64-401, was reversed because the State offered no evidence that a usable amount of the contraband existed; as a practical matter, defendant possessed bags which had had methamphetamine in them, and that was not a crime pursuant to Harbison and the statute.
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Wyne v. State, CACR06-1233,
COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, May 30, 2007, Decided
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Overview: At close of State's case-in-chief, defendant's counsel moved for a directed verdict. But, counsel did not renew motion until after trial judge had provided the jurors with instructions. Thus, under Ark. R. Crim. P. 33.1, defendant's renewed motion was untimely, and appellate court was precluded from reaching the merits of the sufficiency challenge.
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