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| Berna v. State, CR 04-438,
SUPREME COURT OF ARKANSAS, June 3, 2004, Decided
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Overview: An inmate was not eligible to file a postconviction pleading in circuit court where he did not seek leave of the appellate court before filing the pleading, and his first petition was denied with prejudice to filing a subsequent petition.
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| Blackwell v. State, CR 98-456,
SUPREME COURT OF ARKANSAS, June 3, 2004, Decided
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Overview: Defendant's motion for reconsideration of his petition for writ of error coram nobis was denied where he failed to exercise due diligence and had not met his burden of showing good cause for his failure to raise the issues in his first petition.
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| Doss v. State, CR 04-460,
SUPREME COURT OF ARKANSAS, June 3, 2004, Decided
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Overview: Defendant's failure to tender partial record and file motion for rule on clerk within 90 days of the notice of appeal was excusable; appellate court erroneously declared notice of appeal untimely and denied her motion for extension of time.
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| Gwin v. Daniels, 03-997,
SUPREME COURT OF ARKANSAS, June 3, 2004, Opinion Delivered
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Overview: Mother neither presented court with issue of the constitutionality of the Arkansas Great-Grandparents Visitation Act, nor did she obtain a ruling on the issue, and matter was not reviewable. Mother also failed to cite authority for other arguments.
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| Hill v. Carter, 03-1304,
SUPREME COURT OF ARKANSAS, June 3, 2004, Opinion Delivered
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Overview: For election eligibility dispute, post-certification, but pre-election, candidate's remedy was to seek judicial determination and mandamus relief, that he did not do, and, as he was never candidate, election contest was not available remedy.
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| Jordan v. State, CR 04-496,
SUPREME COURT OF ARKANSAS, June 3, 2004, Decided
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Overview: Defendant's motion to proceed with belated appeal was denied where his bare allegation that a notice of appeal was mailed was not good cause to grant a belated appeal; defendant did not establish that the clerk received the notice within 30 days.
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| Luster v. State, CA CR 96-609,
SUPREME COURT OF ARKANSAS, June 3, 2004, Decided
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Overview: Defendant's motion for belated appeal was properly denied as it was untimely filed; his motion was pursued more than five years after the order was entered.
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| McAdams v. McAdams, 04-027,
SUPREME COURT OF ARKANSAS, June 3, 2004, Opinion Delivered
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Overview: Res judicata barred father's second action to set aside adoption of son. Both suits involved same issue, namely annulment of adoption decree, and father had every opportunity to challenge adoption based on the mental-defect claim in first petition.
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| Rector v. State, CR 04-159,
SUPREME COURT OF ARKANSAS, June 3, 2004, Decided
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Overview: Defendant was convicted of rape and sexual abuse. Three years later, defendant's collateral attack on the conviction, via a motion to modify judgment pursuant to civil procedure rules, was an attempt to circumvent criminal procedure rules.
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