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   State Courts - Arkansas - May 31, 2007

  
Ark. Diagnostic Ctr. v. Tahiri, No. 06-667, SUPREME COURT OF ARKANSAS, May 31, 2007, Opinion Delivered
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Overview: A former employee was not compelled to arbitrate a claim relating to an employment contract because there was no transaction involving commerce under 9 U.S.C.S. § 2; the purchase of out-of state supplies, the receipt of payments from out-of-state insurers, and the treatment of three out-of-state patients was not enough.

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Artman v. Hoy, No. 06-1428, SUPREME COURT OF ARKANSAS, May 31, 2007, Opinion Delivered
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Overview: In domestic relations case, trial court did not err in refusing to terminate ex-husband's alimony obligation upon his ex-wife's remarriage pursuant to Ark. Code Ann. § 9-12-312 because parties contracted for alimony to continue beyond ex-wife's remarriage and so the statute's automatic termination provision regarding remarriage was not applicable.

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Cooper v. State, No. CR 06-1151, SUPREME COURT OF ARKANSAS, May 31, 2007, Opinion Delivered
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Hancock v. State, No. CR 06-1133, SUPREME COURT OF ARKANSAS, May 31, 2007, Opinion Delivered
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Overview: Appellant's motion to file a belated brief in an appeal of a circuit court order denying his petition for postconviction relief was granted where he had first tendered the brief within a few days of the date it was due and had subsequently tendered a compliant brief.

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Kelly v. Norris, No. 06-953, SUPREME COURT OF ARKANSAS, May 31, 2007, Opinion Delivered
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Overview: A prisoner's appeal of a decision denying his petition for a writ of habeas corpus was dismissed where he was no longer incarcerated in the county and as a result, the circuit court lacked jurisdiction to provide the requested relief.

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Lake View Sch. Dist. No. 25 v. Huckabee, No. 01-836, SUPREME COURT OF ARKANSAS, May 31, 2007, Opinion Delivered
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Overview: A report by several special masters regarding the correction of several constitutional deficiencies in the Arkansas public school system was adopted; the special masters determined that, inter alia, there was adequate funding per student, assistance for public school facilities had been provided, and teacher salaries had been increased.

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McJames v. State, No. CR 07-372, SUPREME COURT OF ARKANSAS, May 31, 2007, Opinion Delivered
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Overview: An appeal of a pro se petition to correct an illegal sentence filed pursuant to Ark. Code Ann. § 16-90-111 (Supp. 2005) was dismissed as untimely where appellant had not filed it within 90 days of the date of entry of judgment of the conviction as required by Ark. R. Crim. P. 37.2(c) (1995). Appellant's motion for appointment of counsel was moot.

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McKeown v. State, No. CACR 06-987, SUPREME COURT OF ARKANSAS, May 31, 2007, Opinion Delivered
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Overview: A prisoner, who alleged he was indigent, was not entitled to photocopies of the transcript of his criminal trial at public expense because he did not establish a compelling need for specific documentary evidence to support an allegation contained in a petition for postconviction relief.

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Miller v. State, No. CR 07-417, SUPREME COURT OF ARKANSAS, May 31, 2007, Opinion Delivered
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Overview: Where appellant entered a plea of guilty to delivery of cocaine and to possession of cocaine with intent to deliver, the record did not support his claim that he was entitled to sentencing credit for time served in a case in a different county. Appellant was not entitled to relief under Ark. R. Crim. P. 37.1, and his appeal could not proceed.

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Nat'l Home Ctrs. v. Coleman, No. 06-1315, SUPREME COURT OF ARKANSAS, May 31, 2007, Delivered
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Overview: Despite an oral ruling, because there was no written judgment regarding a default judgment entered in a foreclosure action, the case was dismissed without prejudice under Ark. R. Civ. P. 54(b); the record was void of any proof that one alleged interest holder was served, so it was impossible to tell if a default judgment was appropriate.

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