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   State Courts - Arkansas - June 20, 2002

  
Ballard v. Garrett, 01-1218, SUPREME COURT OF ARKANSAS, June 20, 2002, Opinion Delivered
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Overview: In class action suit, where dissatisfied class members sat on their rights and delayed filing their motion to intervene until after a conditional settlement was preliminarily approved, the trial court properly dismissed the motion as untimely.

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Edmond v. State, CR 01-1050, SUPREME COURT OF ARKANSAS, June 20, 2002, Opinion Delivered
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Honeycutt v. Fanning, 01-975, SUPREME COURT OF ARKANSAS, June 20, 2002, Opinion Delivered
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Overview: Victim's motion to enlarge time for service was timely filed where courthouse was closed by direction of the county judge on the day the motion was due and was duly filed the next business day the courthouse opened.

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Hudspeth v. State, CR 01-1222, SUPREME COURT OF ARKANSAS, June 20, 2002, Opinion Delivered
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Overview: Because contents of surveillance videotape had no connection with issuance of search warrant in drug bust case, evidence seized pursuant to warrant was not "fruit of the poisonous tree." Motion to suppress was properly denied.

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Jones v. State, CR 01-1312, SUPREME COURT OF ARKANSAS, June 20, 2002, Opinion Delivered
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Overview: Where employees identified defendant from a lineup, identified defendant's clothing and the gun, and accomplice identified the gun as his sister's gun and testified he waited while defendant robbed the store, accomplice's testimony was corroborated.

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Keenom v. State, CR 01-673, SUPREME COURT OF ARKANSAS, June 20, 2002, Opinion Delivered
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Overview: Evidence was suppressed where officers violated the "knock and talk" procedure by ignoring defendant's request that they leave, by denying partially clothed defendant the opportunity to return to his house, and questioning defendant up to 45 minutes.

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Money Place, LLC v. Barnes, 01-1361, SUPREME COURT OF ARKANSAS, June 20, 2002, Opinion Delivered
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Overview: Where individual asserted lender violated usury laws by charging interest up to 750 percent per annum, because there was no mutuality in the arbitration provision, the arbitration provision was not subject to enforcement under any arbitration act.

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Smith v. Wharton, 01-1045, SUPREME COURT OF ARKANSAS, June 20, 2002, Opinion Delivered
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Overview: Statutory formalities specifically required testatrix who signed by mark to have a witness who signed the document attesting to her mark. Further, two attesting witnesses had to sign at end of the instrument to constitute a validly executed will.

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State v. Hulum, CR 01-1271, SUPREME COURT OF ARKANSAS, June 20, 2002, Decided
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Overview: Issues raised by the State concerning a manslaughter instruction involved a mixed question of law and fact, not an interpretation of the statute; the appeal did not involve the correct administration of the criminal law and was not reviewable.

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Tay-Tay, Inc. v. Young, 01-1355, SUPREME COURT OF ARKANSAS, June 20, 2002, Opinion Delivered
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Overview: Denial of check cashers' motion to compel arbitration in customers' class suit over check cashing service and fee agreements was affirmed. Arbitration provision was unenforceable for lack of mutuality.

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