Arkansas, June, 2006, State Case law

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State Courts - Arkansas - June 15, 2006

Southeastern Distrib. Co. v. Miller Brewing Co., No. 05-969, SUPREME COURT OF ARKANSAS, June 15, 2006, Opinion Delivered
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Overview: There was material issue of fact regarding why distributor sold and how it ended up in financial distress. Under Ark. Code Ann. ? 4-72-206(6), material fact existed on whether company's actions was refusal to deal with franchise in good faith. Summary judgment was proper on distributor's claim under Ark. Code Ann. ?? 3-5-1110 and -1108.

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Sporer v. State, No. CR 05-601, SUPREME COURT OF ARKANSAS, June 15, 2006, Opinion Delivered
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Overview: As defendant's petition did not state a cognizable claim, the trial court did not err in denying the writ of error coram nobis. Defendant's claim of ineffective assistance of counsel was not a ground to grant a writ of error coram nobis, and relief under Ark. R. Crim. P. 37.1 was not available as defendant was not in custody.

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Taylor v. Norris, No. 05-642, SUPREME COURT OF ARKANSAS, June 15, 2006, Opinion Delivered
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Overview: Appellant did not establish cause to conclude that petition for writ of habeas corpus should issue, Ark. Code Ann. ? 16-112-103(a), where, if any irregularity existed as to his sentencing, he waived it by failing to raise issue at trial, and trial court was not deprived of jurisdiction to sentence appellant with higher number of felony convictions.

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Venn v. State, No. CR 06-584, SUPREME COURT OF ARKANSAS, June 15, 2006, Opinion Delivered
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Williams v. State, No. CA CR05-223, SUPREME COURT OF ARKANSAS, June 15, 2006, Opinion Delivered
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Overview: Defendant's attorney filed a notice of appeal after the denial of his motion to suppress, but did not file an appeal of the order of conditional plea entered a month later. Pursuant to Ark. R. App. P. Crim. 2(e), the state supreme court granted defendant's motion to file a belated appeal, because defendant was not at fault for the attorney's error.

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