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   State Courts - Arkansas - June 2, 2005

  
Baptist Health v. Murphy, No. 04-430, SUPREME COURT OF ARKANSAS, June 2, 2005, Opinion delivered
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Overview: Circuit court had to make findings in accordance with Ark. R. Civ. P. 65(e) on issue of doctors' likelihood success on the merits; appellate court was uncertain of circuit court's basis for concluding that doctors would ultimately prevail at trial. Under Ark. Sup. Ct. & Ct. App. R. 4-2(b)(3), the corporation was ordered to submit a proper brief.

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Bellew v. State, No. CR 04-663, SUPREME COURT OF ARKANSAS, June 2, 2005, Opinion Delivered
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Black v. State, No. CR 05-461, SUPREME COURT OF ARKANSAS, June 2, 2005, Opinion Delivered
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City of Fort Smith v. Didicom Towers, Inc., 04-678, SUPREME COURT OF ARKANSAS, June 2, 2005, Opinion delivered
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Overview: Trial court did not err in dismissing a declaratory judgment action, pursuant to Ark. Code Ann. ? 16-111-108, on the ground that the issues present in the city's declaratory-judgment suit would be determined in a federal case that a telecommunications company was preparing to file between the parties in federal court.

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Danzie v. State, No. CR 04-381, SUPREME COURT OF ARKANSAS, June 2, 2005, Opinion Delivered
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Green v. State, CR 04-1356, SUPREME COURT OF ARKANSAS, June 2, 2005, Opinion Delivered
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Overview: Defendant had a right to appeal the denial of his Ark. R. Crim. P. 26.1 motion; however, he assured the circuit judge that he was entering his guilty plea voluntarily, knowingly and without being threatened or coerced into doing so. Defendant also responded that he was satisfied with his attorneys. There was no right to counsel under the rule.

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Hannah v. State, No. CR 05-443, SUPREME COURT OF ARKANSAS, June 2, 2005, Opinion Delivered
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Overview: Defendant's motion for appeal was untimely where he failed to file for an extension of time and offered no explanation for the delay; defendant failed to perfect an appeal and did not state a good cause for not tendering the record in a timely manner.

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Henderson v. Lay, No. 05-247, SUPREME COURT OF ARKANSAS, June 2, 2005, Opinion Delivered
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Overview: Court denied petitioner's motion for belated appeal of denial of his application for a writ of habeas corpus because petitioner established no good cause for his failure to comply with the time limitations. Although petitioner claimed that he placed the documents in the prison mail, he was solely responsible for depositing his brief with the clerk.

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Mayer v. State, No. CR 84-104, SUPREME COURT OF ARKANSAS, June 2, 2005, Opinion Delivered
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Overview: Court denied petitioner's motion to obtain copy of the transcript lodged on direct appeal so that she could mount a collateral attack on her first-degree murder conviction because she did not show that there was some specific documentary evidence to support an allegation that could not be raised without her having possession of copy of transcript.

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Pierce v. State, CR 04-1013, SUPREME COURT OF ARKANSAS, June 2, 2005, Opinion Delivered
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Overview: Defendant's convictions for felony theft of property and breaking and entering were improper pursuant to the Sixth Amendment and Ark. Const. art. 2, ? 10 where the trial court erred in forcing him to be represented by counsel and in refusing to allow him to appear pro se and in failing to apprise him of the dangers of self-representation.

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