Arkansas Supreme Court Decisions 2011
Opinions 1 - 500 of 549
Date: December 15, 2011
Citation: 2011 Ark. 531
Docket Number: 11-128/
Justia Opinion Summary: After Billy Machen died, his wife Julia filed a petition to probate Billy's will. Julia filed a copy of the will, which bore no changes or markings. That will bequeathed $10,000 to Billy's son Randy and established a…
Date: December 15, 2011
Citation: 2011 Ark. 533
Docket Number: 11-317
Justia Opinion Summary: Appellant, a group of taxpayers in Searcy County known as the Searcy County Counsel for Ethical Government, filed a complaint alleging that Appellee, a county judge, had unlawfully sold equipment belonging to the county…
Date: December 15, 2011
Citation: 2011 Ark. 535
Docket Number: 11-675
Justia Opinion Summary: Stepmother filed a petition to adopt her stepson, J.P., whose biological mother had died. The same day the petition for adoption was filed, J.P.'s Father filed a consent to the adoption and waiver of appearance. J.P.'s…
Date: December 15, 2011
Citation: 2011 Ark. 545
Date: December 15, 2011
Citation: 2011 Ark. 542
Docket Number: CR09-1353
Justia Opinion Summary: James Butler was charged with engaging in sexual acts with a nine-year-old girl. After a trial, Butler was found guilty of two counts of rape and sentenced to two consecutive terms of life imprisonment. The Supreme Court…
Date: December 15, 2011
Citation: 2011 Ark. 536
Docket Number: CR10-1241
Justia Opinion Summary: A jury found Appellant Jose Mendez guilty of rape, attempted murder, aggravated residential burglary, and aggravated assault. Appellant, who spoke only Spanish, asserted that the circuit court erred in admitting the…
Date: December 15, 2011
Citation: 2011 Ark. 543
Docket Number: CR11-1022
Justia Opinion Summary: A jury found Appellant Kenneth Tucker guilty of two counts of delivery of a controlled substance. The court of appeals affirmed. Appellant subsequently filed a pro se petition for postconviction relief, which the trial…
Date: December 15, 2011
Citation: 2011 Ark. 537
Docket Number: CR11-248
Justia Opinion Summary: Appellant Michael Cowan was convicted of two counts of sexual assault in the second degree and sentenced as a habitual offender. Appellant subsequently filed a petition for postconviction relief, asserting four bases for…
Date: December 15, 2011
Citation: 2011 Ark. 530
Docket Number: CR11-618
Justia Opinion Summary: Appellees were charged with five felonies involving the manufacture, possession, and delivery of methamphetamine and paraphernalia. The charges resulted from a single incident when sheriff's deputies attempted a "knock…
Date: December 15, 2011
Citation: 2011 Ark. 529
Docket Number: CR11-71
Justia Opinion Summary: Appellant David Smoak was convicted by a jury of internet stalking of a child. Smoak appealed, arguing (1) the circuit court erred in denying his motion for a directed verdict because there was insufficient evidence to…
Date: December 15, 2011
Citation: 2011 Ark. 541
Docket Number: CR90-247
Justia Opinion Summary: Petitioner Michael Williams was found guilty of murder in the first degree, kidnapping, and aggravated assault. Williams subsequently filed a pro se petition to reinvest jurisdiction in the trial court to consider a…
Date: December 15, 2011
Citation: 2011 Ark. 540
Docket Number: CR90-83
Justia Opinion Summary: Petitioner Antonio Coley was found guilty of aggravated robbery and forgery for a criminal episode at a convenience store. The Supreme Court affirmed. Petitioner later filed a pro se petition to reinvest jurisdiction in…
Date: December 15, 2011
Citation: 2011 Ark. 534
Docket Number: CR93-988
Justia Opinion Summary: After a jury trial, Petitioner Frank Williams was found guilty of capital murder and sentenced to death. The Supreme Court affirmed. The circuit court denied Williams' subsequent motion for postconviction relief, and the…
Date: December 9, 2011
Citation: 2011 Ark. 528
Date: December 8, 2011
Citation: 2011 Ark. 518
Docket Number: 10-1246
Justia Opinion Summary: Bayer CropScience LP developed LibertyLink Rice (LLRice), a genetically engineered rice, which Bayer subsequently used in outdoor field tests. The USDA later found that trace amounts of LLRice in the U.S. long-grain rice…
Date: December 8, 2011
Citation: 2011 Ark. 519
Docket Number: 11-401
Justia Opinion Summary: Appellant, a former certified residential appraiser, was investigated by Appellee, the Arkansas Appraiser Licensing and Certification Board, after receiving a complaint by Loretta Lever-House concerning a number of…
Date: December 8, 2011
Citation: 2011 Ark. 516
Docket Number: 11-625
Justia Opinion Summary: Respondents, two individuals, filed a complaint against Petitioner, Advance Fiberglass, LLC, alleging that due to Advance's negligence an explosion occurred that resulted in both property damage and personal injury to…
Date: December 8, 2011
Citation: 2011 Ark. 521
Docket Number: 11-790
Justia Opinion Summary: After Kenneth Middleton was convicted of first-degree murder but before a judgment was entered against him in a wrongful-death suit, Kenneth conveyed property he owned in Arkansas to his brother. The sale was found to be…
Date: December 8, 2011
Citation: 2011 Ark. 523
Docket Number: CR11-446
Justia Opinion Summary: Appellant Charles Jones was convicted on four counts of rape. Appellant filed a petition for postconviction relief under Ark. R. Crim. P. 37.1, listing four grounds of relief, including ineffective assistance of counsel…
Date: December 8, 2011
Citation: 2011 Ark. 517
Docket Number: CR11-476
Justia Opinion Summary: After Appellant was charged with criminal nonsupport, he filed a motion to dismiss, arguing that he had been held in criminal contempt for nonpayment of child support, and therefore, the State was precluded from…
Date: December 8, 2011
Citation: 2011 Ark. 515
Docket Number: CR11-5
Date: December 8, 2011
Citation: 2011 Ark. 515
Docket Number: CR11-5
Justia Opinion Summary: Appellant Erickson Dimas-Martinez was convicted of capital murder and aggravated robbery and sentenced to death and life imprisonment, respectively. The Supreme Court reversed Appellant's conviction and sentence, holding…
Date: December 8, 2011
Citation: 2011 Ark. 524
Docket Number: CR11-820
Justia Opinion Summary: Appellant Sidney Harvey, an inmate incarcerated in the Arkansas Department of Correction, filed a writ of habeas corpus pursuant to Act 1780 challenging his convictions for kidnapping and rape. The circuit court denied…
Date: December 8, 2011
Citation: 2011 Ark. 522
Docket Number: CR92-167
Justia Opinion Summary: Petitioner David Henderson was convicted of rape and sentenced to life. Petitioner subsequently filed a pro se motion seeking the use of the record, which the Supreme Court treated as one for a copy of the record or…
Date: December 1, 2011
Citation: 2011 Ark. 501
Docket Number: 11-294
Justia Opinion Summary: Delta Environmental filed a contract suit against Jonesboro Healthcare Center, alleging damages for the early termination of a five-year contract for services. The complaint was mistakenly filed in district court and…
Date: December 1, 2011
Citation: 2011 Ark. 509
Docket Number: 11-489
Justia Opinion Summary: Appellant Carl Willis was convicted of second-degree sexual assault. Appellant subsequently filed a petition for writ of habeas corpus containing claims concerning defects in the information that charged him. The circuit…
Date: December 1, 2011
Citation: 2011 Ark. 503
Docket Number: 11-500
Justia Opinion Summary: Gene Shields, an agent for State Farm Insurance Companies, opened an account with Bankcorp Bank. The owner of the account was State Farm. Shields's office manager subsequently diverted funds that were due to be deposited…
Date: December 1, 2011
Citation: 2011 Ark. 510
Docket Number: 11-522
Justia Opinion Summary: Appellant Frank Randolph was found guilty by a jury of robbery, theft of property, and kidnapping and was sentenced as a habitual offender to twenty-five years' imprisonment for each offense to be served consecutively.…
Date: December 1, 2011
Citation: 2011 Ark. 505
Docket Number: 11-526
Justia Opinion Summary: Appellants were retired police officers who did not receive the benefit of all the monthly benefit increases for retired members of a municipal police pension and relief fund. The increases were authorized by the fund's…
Date: December 1, 2011
Citation: 2011 Ark. 511
Date: December 1, 2011
Citation: 2011 Ark. 502
Docket Number: CR10-1068
Justia Opinion Summary: In 2000, Appellant Karl Roberts was convicted of the capital murder of a twelve-year-old and was sentenced to death by lethal injection. Appellant signed a waiver of his right to pursue an appeal and postconviction…
Date: December 1, 2011
Citation: 2011 Ark. 506
Docket Number: CR10-628
Justia Opinion Summary: Appellant Deandra Stephenson was found guilty by a jury of two counts of capital murder and one count of committing a terroristic act. Appellant subsequently filed two petitions for postconviction relief. The circuit…
Date: December 1, 2011
Citation: 2011 Ark. 504
Docket Number: CR11-11
Justia Opinion Summary: Appellant Billy Kelley was convicted of rape and sentenced to life imprisonment as a habitual offender. Kelley filed a petition for postconviction relief, arguing that his trial attorney was ineffective for not…
Date: December 1, 2011
Citation: 2011 Ark. 508
Docket Number: CR98-485
Justia Opinion Summary: Petitioner Jamie Lee was found guilty by a jury of capital murder and four counts of first-degree battery. Petitioner (1) filed a petition with the Supreme Court to reinvest jurisdiction in the trial court to consider a…
Date: November 17, 2011
Citation: 2011 Ark. 494
Docket Number: 10-394
Justia Opinion Summary: Appellant was serving terms on three sentences for three convictions when he filed a pro se petition for writ of habeas corpus. The circuit court denied the petition without a hearing. The Supreme Court affirmed, holding…
Date: November 17, 2011
Citation: 2011 Ark. 491
Docket Number: 11-369
Justia Opinion Summary: Brett Nelson entered into contracts with the Arkansas Rural Medical Practice Student Loan and Scholarship Board and the rural community Forrest City pursuant to the state's community-match program that loaned Nelson…
Date: November 17, 2011
Citation: 2011 Ark. 490
Docket Number: 11-426
Justia Opinion Summary: Appellees executed a credit application and retail installment contract (RIC) for the purchase of an automobile. The application contained an arbitration agreement. The RIC provided an option for Appellees to purchase…
Date: November 17, 2011
Citation: 2011 Ark. 487
Docket Number: 11-513
Justia Opinion Summary: In a run-off election, Steve Jernigan was elected major of the City of Lepanto. A month later, the State filed a petition for writ of quo warranto, seeking to prevent the usurpation of the office of mayor of the City on…
Date: November 17, 2011
Citation: 2011 Ark. 499
Date: November 17, 2011
Citation: 2011 Ark. 488
Docket Number: CR08-1464
Justia Opinion Summary: Appellant Justin Anderson was tried, convicted, and sentenced to death for the murder of an elderly woman. Anderson filed a petition for postconviction relief, claiming ineffective assistance of counsel. The circuit…
Date: November 17, 2011
Citation: 2011 Ark. 492
Docket Number: CR09-956
Justia Opinion Summary: Appellant Ricky Reese was convicted of capital murder and of being a felon in possession of a firearm and was sentenced to an aggregate term of life imprisonment without the possibility of parole. Appellant subsequently…
Date: November 17, 2011
Citation: 2011 Ark. 489
Docket Number: CR11-178
Justia Opinion Summary: After a jury trial, Gary Williams was found guilty of first-degree murder, possession of drug paraphernalia, and possession of marijuana. Williams subsequently filed a petition for postconviction relief, alleging that…
Date: November 17, 2011
Citation: 2011 Ark. 493
Docket Number: CR11-251
Justia Opinion Summary: Appellant Adam Davis was convicted of capital murder and attempted first-degree murder, each having a firearm enhancement, and was sentenced to life imprisonment without parole. Appellant subsequently filed a petition…
Date: November 17, 2011
Citation: 2011 Ark. 497
Docket Number: CR11-838
Justia Opinion Summary: Appellant Myka Talley was found guilty by a jury of kidnapping and seven counts of rape and was sentenced to eight consecutive terms of life imprisonment. Sixty-one days after the mandate issued, Appellant filed a pro se…
Date: November 17, 2011
Citation: 2011 Ark. 496
Docket Number: CR95-985
Justia Opinion Summary: A jury found petitioner Greg Hogue guilty of capital murder for the death of an owner of a convenience store and sentenced Hogue to life imprisonment without parole. Hogue subsequently filed a petition in the Supreme…
Date: November 10, 2011
Citation: 2011 Ark. 475
Docket Number: 10-1337
Justia Opinion Summary: Appellant bank sued Appellees, a corporation and its members, after loans granted to Appellees went into default and Appellees transferred certain property into a trust. After a jury rendered its verdicts, the circuit…
Date: November 10, 2011
Citation: 2011 Ark. 474
Docket Number: 10-870
Justia Opinion Summary: Ernie and Karen Cline sued M. Jay Carter for breach of contract after Carter signed a real estate contract with the intent to purchase residential property from the Clines but was unable to do so because he failed to…
Date: November 10, 2011
Citation: 2011 Ark. 473
Docket Number: 11-430
Justia Opinion Summary: Ross Systems contracted with advanced Environmental Recycling Technologies (AERT) to provide a new software system to manage business functions. AERT filed suit against Ross, alleging deceit, deceptive trade practices,…
Date: November 10, 2011
Citation: 2011 Ark. 483
Docket Number: 11-491
Justia Opinion Summary: Appellant Matthew Barnett, an inmate incarcerated in a Department of Correction facility in Lee County, filed a pro se petition for writ of habeas corpus in the Lee County circuit court. The court denied the petition.…
Date: November 10, 2011
Citation: 2011 Ark. 484
Date: November 10, 2011
Citation: 2011 Ark. 477
Docket Number: CR 09-942
Justia Opinion Summary: Appellant Joseph Akin entered a negotiated guilty plea to a charge of possession of a controlled substance with intent to deliver. Appellant filed a petition for postconviction relief, alleging that he did not enter the…
Date: November 10, 2011
Citation: 2011 Ark. 476
Docket Number: CR09-917
Justia Opinion Summary: Appellant William Hale was convicted of internet stalking and was sentenced to 276 months' imprisonment. The court of appeals affirmed. Appellant subsequently filed a petition for postconviction relief, asserting several…
Date: November 10, 2011
Citation: 2011 Ark. 478
Docket Number: CR10-143
Justia Opinion Summary: Appellant Reginald Richardson was convicted of possession of cocaine with intent to deliver. Because the offense was committed within 1000 feet of a public-housing facility, Appellant's sentence was enhanced pursuant to…
Date: November 10, 2011
Citation: 2011 Ark. 479
Docket Number: CR10-951
Justia Opinion Summary: Appellant, a legal, permanent resident of the United States, pled guilty to one count of maintaining a drug premise. Later, Appellant was placed in a removal proceeding in immigration court. Appellant filed a petition…
Date: November 10, 2011
Citation: 2011 Ark. 482
Docket Number: CR11-148
Justia Opinion Summary: Sherman Watson, who was previously convicted on a criminal matter, filed a pro se petition for postconviction relief. The circuit court denied the petition, finding it did not have jurisdiction because the petition was…
Date: November 10, 2011
Citation: 2011 Ark. 480
Docket Number: CR11-539
Justia Opinion Summary: Appellant Michael Gilliland was convicted for rape and sexual assault. The Supreme Court affirmed. Appellant subsequently filed a pro se petition for postconviction relief, which the circuit court denied. At issue on…
Date: November 10, 2011
Citation: 2011 Ark. 481
Docket Number: CR87-209
Justia Opinion Summary: Petitioner Sanders Carter was convicted on charges of rape, aggravated robbery, and burglary. Petitioner unsuccessfully challenged that conviction through a number of different proceedings for various postconviction…
Date: November 3, 2011
Citation: 2011 Ark. 463
Docket Number: 11-361
Justia Opinion Summary: Petitioners, who were all employed by Respondent as public school bus drivers or dispatchers, claimed that Respondent failed to compensate them for regular and overtime wages in weeks in which they worked more than forty…
Date: November 3, 2011
Citation: 2011 Ark. 468
Docket Number: 11-588
Justia Opinion Summary: Petitioner Bobby Threadford was found guilty of aggravated robbery, residential burglary, fleeing, second-degree forgery, and two counts of theft of property. Petitioner was sentenced as a habitual offender. Petitioner…
Date: November 3, 2011
Citation: 2011 Ark. 469
Docket Number: 11-761
Justia Opinion Summary: Appellant pled guilty to murder in the first degree and was sentenced to thirty years' imprisonment. Appellant subsequently filed a pro se petition for writ of habeas corpus, arguing, inter alia, that the trial court did…
Date: November 3, 2011
Citation: 2011 Ark. 465
Docket Number: CR09-625
Justia Opinion Summary: After a jury trial, Appellant Wardell Newsome was found guilty of first-degree murder. Appellant subsequently filed a petition for postconviction relief, which the circuit court denied after an evidentiary hearing. The…
Date: November 3, 2011
Citation: 2011 Ark. 467
Docket Number: CR10-638
Justia Opinion Summary: In this criminal case, the State brought an appeal of a circuit court orer that granted Appellee Kenneth Harrison a new trial on Appellee's petition for postconviction relief. The Supreme Court reversed and vacated the…
Date: November 3, 2011
Citation: 2011 Ark. 462
Docket Number: CR11-141
Justia Opinion Summary: Appellant James Montgomery was convicted of rape of his six-year-old adopted granddaughter and was sentenced to twenty-five years' imprisonment. Appellant subsequently filed a petition for postconviction relief, raising…
Date: November 3, 2011
Citation: 2011 Ark. 461
Docket Number: CR11-331
Justia Opinion Summary: Appellant Ricky Anderson was convicted of capital murder and sentenced to a term of life imprisonment. The Supreme Court affirmed, holding that the circuit court (1) did not err in denying Appellant's motion for directed…
Date: November 3, 2011
Citation: 2011 Ark. 464
Docket Number: CR11-484
Justia Opinion Summary: Appellant Charielli Glaze was convicted of possession of a firearm by certain persons and sentenced as a habitual offender to twenty-five years' imprisonment. The Supreme Court affirmed Appellant's conviction but…
Date: November 3, 2011
Citation: 2011 Ark. 470
Docket Number: CR11-826
Date: October 27, 2011
Citation: 2011 Ark. 446
Docket Number: 09-1333
Justia Opinion Summary: In 1990, Roy Sharpe executed an inter vivos trust and a will containing a testamentary trust. According to both trusts, Sharpe preferred his attorney, Charles Brown, to be employed to provide legal advice regarding trust…
Date: October 27, 2011
Citation: 2011 Ark. 447
Docket Number: 10-948
Justia Opinion Summary: Perroni Law Firm filed a complaint against Ben Still to recover unpaid legal fees for Samuel Perroni's representation of Still and his wife in connection with a previously dismissed indictment. The circuit court granted…
Date: October 27, 2011
Citation: 2011 Ark. 448
Docket Number: 11-69
Justia Opinion Summary: Hazel Frazier died, leaving behind her husband, Appellant Curtis Bridges, and her seven children, who were the stepchildren of Elree Frazier, a previous husband who died after taking the medication Vioxx. Later, one of…
Date: October 27, 2011
Citation: 2011 Ark. 456
Docket Number: 11-737
Justia Opinion Summary: Appellant Isaac Russell, who was incarcerated after a criminal conviction, filed a pro se petition for writ of habeas corpus, contending that he should be released from custody because his initial arrest was invalid. The…
Date: October 27, 2011
Citation: 2011 Ark. 450
Docket Number: CR10-1223
Justia Opinion Summary: After a jury trial, Appellant Kevin Dixon was convicted of capital-felony murder with aggravated robbery as the underlying felony and sentenced to life imprisonment. The Supreme Court affirmed Appellant's conviction,…
Date: October 27, 2011
Citation: 2011 Ark. 452
Docket Number: CR10-730
Justia Opinion Summary: Appellant Robert Maldonado pled guilty to eight counts of hot-check violations, and the circuit court sentenced him to probation with several conditions. The circuit court later revoked Appellant's probation after…
Date: October 27, 2011
Citation: 2011 Ark. 449
Docket Number: CR10-934
Justia Opinion Summary: Appellee Joe Cantrell was convicted of multiple crimes relating to the manufacture of methamphetamine and failure to appear and was sentenced to 145 years incarceration. Following affirmance on direct appeal of his…
Date: October 27, 2011
Citation: 2011 Ark. 451
Docket Number: CR11-194
Justia Opinion Summary: Appellee Bernard Kindall was charged with second-degree sexual assault of K.J., a person less than fourteen years old. Kindall filed a motion pursuant to the rape-shield statute alleging that evidence that K.J. had made…
Date: October 13, 2011
Citation: 2011 Ark. 439
Docket Number: 10-196
Justia Opinion Summary: A jury found Appellant Jesse Manning guilty of delivery of cocaine and sentenced him as a habitual offender to forty years' incarceration. Appellant subsequently filed a petition for declaratory judgment and a writ of…
Date: October 13, 2011
Citation: 2011 Ark. 431
Docket Number: 11-277
Justia Opinion Summary: Comcast of Little Rock filed three petitions for review with the Arkansas Public Service Commission, asserting that Comcast's ad valorem tax assessment for the years 2006-08 erroneously included the value of its…
Date: October 13, 2011
Citation: 2011 Ark. 443
Docket Number: 11-729
Justia Opinion Summary: After a jury trial, Appellant Charles Rodgers was found guilty of rape and sentenced as a habitual offender to life imprisonment. Appellant subsequently filed a timely pro se petition for postconviction relief, alleging…
Date: October 13, 2011
Citation: 2011 Ark. 441
Docket Number: 11-925
Justia Opinion Summary: Petitioners, trustees and co-trustees of two trusts as well as several individuals, appealed from an order entered by the circuit court that modified a previous injunction to allow Respondent, Aviation Cadet Museum, to…
Date: October 13, 2011
Citation: 2011 Ark. 444
Date: October 13, 2011
Citation: 2011 Ark. 433
Docket Number: CR08-335
Justia Opinion Summary: Appellant Michael Davis was convicted of first-degree murder and kidnapping and was sentenced to life plus 480 months' imprisonment. Appellant subsequently filed a petition for postconviction relief, alleging that trial…
Date: October 13, 2011
Citation: 2011 Ark. 434
Docket Number: CR09-1079
Justia Opinion Summary: Appellant Calvin Perry was found guilty by a jury of second-degree battery, kidnapping, being a felon in possession of a firearm, possessing a firearm during the commission of a felony, and committing a felony in the…
Date: October 13, 2011
Citation: 2011 Ark. 435
Docket Number: CR09-1318
Justia Opinion Summary: After a jury trial, Appellant Ellis Butler was convicted of three counts of rape and four counts of violation of a minor in the first degree. The case was retried, and Appellant was convicted of three counts of rape.…
Date: October 13, 2011
Citation: 2011 Ark. 430
Docket Number: CR10-1146
Justia Opinion Summary: Appellant Rodney Webb was convicted by a jury of possession of cocaine and sentenced to twenty-two years' imprisonment. Appellant appealed, arguing that the circuit court committed reversible error in denying his motion…
Date: October 13, 2011
Citation: 2011 Ark. 436
Docket Number: CR10-835
Justia Opinion Summary: Appellant Jerry Eaton was found guilty by a jury of rape and incest and was sentenced to 240 months' imprisonment for rape and thirty-six months for incest, with the sentences to run concurrently. Appellant subsequently…
Date: October 13, 2011
Citation: 2011 Ark. 437
Docket Number: CR10-983
Justia Opinion Summary: In 1985, Appellant Kenny Halfacre was convicted of burglary and theft of property. In 2007, Appellant filed a petition to correct his sentence, seeking relief on the basis that his conviction was illegally imposed as a…
Date: October 13, 2011
Citation: 2011 Ark. 438
Docket Number: CR11-109
Justia Opinion Summary: Appellant Charles Goodman was found guilty by a jury of two counts of rape and sentenced to 180 months' imprisonment. Appellant subsequently timely filed a petition for postconviction relief, challenging the…
Date: October 13, 2011
Citation: 2011 Ark. 428
Docket Number: CR11-182
Justia Opinion Summary: Appellant Ira Vankirk pled guilty to three counts of rape and was sentenced to three consecutive terms of life imprisonment. On appeal, Appellant argued that the circuit court erred during the sentencing proceedings by…
Date: October 13, 2011
Citation: 2011 Ark. 427
Docket Number: CR11-296
Justia Opinion Summary: Appellant Clifford Ritter was convicted by a jury of first-degree murder and committing a felony with a firearm and was sentenced to life imprisonment. Ritter appealed, contending that the trial court erred in denying…
Date: October 13, 2011
Citation: 2011 Ark. 429
Docket Number: CR11-336
Justia Opinion Summary: After a jury trial, Appellant Brian Nelson was convicted of four counts of sexual assault of a minor and was sentenced to 672 months' imprisonment. Appellant appealed, challenging the sufficiency of the evidence and the…
Date: October 13, 2011
Citation: 2011 Ark. 432
Docket Number: CR11-364
Justia Opinion Summary: Appellant Roderick Williams was first convicted for several offenses, after which the Supreme Court reversed and remanded for a new trial. Upon remand, Appellant was convicted of capital murder, first-degree domestic…
Date: October 6, 2011
Citation: 2011 Ark. 414
Docket Number: 09-1194
Justia Opinion Summary: In 1996, Appellant Kiara Smith pled guilty to robbery and was sentenced to twenty years' imprisonment with ten years suspended. Appellant was paroled in 2002. In 2006, Appellant pled guilty to violating the terms of his…
Date: October 6, 2011
Citation: 2011 Ark. 413
Docket Number: 09-791
Justia Opinion Summary: Appellant John Dickinson was convicted of capital murder and attempted first-degree murder and was sentenced to a term of life imprisonment without parole. Appellant subsequently filed for postconviction relief, and the…
Date: October 6, 2011
Citation: 2011 Ark. 407
Docket Number: 10-1296
Justia Opinion Summary: Howard Curry's property appraisal increased on two different occasions after his sixty-fifth birthday. After the second assessment, Curry unsuccessfully petitioned the Equalization Board of Pope County to reduce the…
Date: October 6, 2011
Citation: 2011 Ark. 408
Docket Number: 10-1297
Justia Opinion Summary: This appeal was the second of two appeals involving the same issue, the first of which was Curry v. Pope County, 2011 Ark. 407. At issue in the appeal was Ark. Const. amend. 79, which prohibits an increase in the…
Date: October 6, 2011
Citation: 2011 Ark. 415
Docket Number: 10-898
Justia Opinion Summary: Appellant Anthony Borum pled guilty to second-degree murder and was sentenced as a habitual offender to twenty years' imprisonment. Appellant subsequently filed a petition for writ of habeas corpus in the Lee County…
Date: October 6, 2011
Citation: 2011 Ark. 416
Docket Number: 10-912
Justia Opinion Summary: Appellant Ralph Douthitt was convicted by a jury of three counts of rape, twenty-nine counts of violation of a minor, and twenty-nine counts of incest. Appellant later filed a motion for permission to file a belated…
Date: October 6, 2011
Citation: 2011 Ark. 417
Docket Number: 10-958
Justia Opinion Summary: Appellant Dan Huffman was convicted of second-degree murder and was sentenced as a habitual offender to fifty years' imprisonment. Appellant was sentenced pursuant to Ark. Code Ann. 5-4-505, which provided for an…
Date: October 6, 2011
Citation: 2011 Ark. 409
Docket Number: CR09-1103
Justia Opinion Summary: Appellant Tilton Rhodes was convicted of rape and second-degree sexual assault of a twelve-year-old girl and was sentenced to 120 months' imprisonment for each offense. Appellant filed a petition for postconviction…
Date: October 6, 2011
Citation: 2011 Ark. 410
Docket Number: CR10-101
Justia Opinion Summary: Appellant John Cummings entered a negotiated plea of nolo contendere to a charge of first-degree murder for which he was sentenced to a term of twenty-eight years in prison. Appellant subsequently filed a petition for…
Date: October 6, 2011
Citation: 2011 Ark. 418
Docket Number: CR10-1135
Justia Opinion Summary: Appellant Jose Fernandez was convicted of rape and was sentenced to life imprisonment. Appellant subsequently filed a timely petition for postconviction relief, raising a number of claims of ineffective assistance of…
Date: October 6, 2011
Citation: 2011 Ark. 411
Docket Number: CR10-602
Justia Opinion Summary: Appellant Ernest Wade was convicted, as an accomplice and habitual offender, of possession of drug paraphernalia with intent to manufacture methamphetamine and was sentenced to 360 months' imprisonment. Appellant filed a…
Date: October 6, 2011
Citation: 2011 Ark. 412
Docket Number: CR10-715
Justia Opinion Summary: A jury found Appellant Jerry Sykes guilty of capital murder, kidnapping, robbery, and theft of property. Appellant subsequently timely filed a petition for postconviction relief, alleging ineffective assistance of…
Date: October 6, 2011
Citation: 2011 Ark. 406
Docket Number: CR11-116
Justia Opinion Summary: Appellant Kenneth Osburn was convicted of capital murder and kidnapping and was sentenced to life without parole and life respectively. Osburn appealed, and the Supreme Court reversed and remanded the case based on trial…
Date: October 6, 2011
Citation: 2011 Ark. 419
Docket Number: CR11-362
Justia Opinion Summary: Appellant James Hill was convicted by a jury of first-degree murder and was sentenced to 360 months' incarceration. Appellant filed a timely petition for postconviction relief, which the trial court denied without a…
Date: September 29, 2011
Citation: 2011 Ark. 399
Docket Number: 10-1026
Justia Opinion Summary: Appellant Lamarcus Christopher entered a plea of guilty to various drug offenses. Six months later, Appellant pled guilty to possession of a firearm by certain persons. More than a year later, the circuit court entered…
Date: September 29, 2011
Citation: 2011 Ark. 400
Docket Number: 10-1138
Justia Opinion Summary: Appellant James Lowe entered a plea of no contest to a charge of first-degree sexual abuse. More than a decade later, Appellant pled guilty to a charge of failing to register as a sex offender. Appellant subsequently…
Date: September 29, 2011
Citation: 2011 Ark. 390
Docket Number: 11-375
Justia Opinion Summary: Appellant Keith Hamaker filed an amendment complaint in the circuit court challenging the Pulaski County Election Commission procedures. After the circuit court entered an order making specific findings and rulings,…
Date: September 29, 2011
Citation: 2011 Ark. 403
Docket Number: 11-493
Justia Opinion Summary: Appellant Jeff Morgan was found guilty by a jury of kidnapping, a Class Y felony, and second-degree battery and was sentenced as a habitual offender to an aggregate term of life imprisonment. Appellant subsequently filed…
Date: September 29, 2011
Citation: 2011 Ark. 404
Docket Number: 11-629
Justia Opinion Summary: Appellant Ke'ondra Chestang, an inmate incarcerated in the Arkansas Department of Correction (ADC) at a facility in Lincoln County, filed a petition for writ of habeas corpus in the Lincoln County circuit court. The…
Date: September 29, 2011
Citation: 2011 Ark. 401
Docket Number: CR02-1289
Justia Opinion Summary: Petitioner Steven Pinder was found guilty of two counts of rape and was sentenced to life imprisonment. Petitioner subsequently filed a petition with the Supreme Court to reinvest jurisdiction in the trial court to…
Date: September 29, 2011
Citation: 2011 Ark. 393
Docket Number: CR09-389
Justia Opinion Summary: Appellant Seafin Sandoval-Vega entered a guilty plea to capital murder and was sentenced to life imprisonment without parole. Appellant filed a petition for postconviction relief, which the trial court denied without a…
Date: September 29, 2011
Citation: 2011 Ark. 394
Docket Number: CR09-709
Justia Opinion Summary: Appellant Dennis Riley entered a negotiated plea to charges of capital murder and aggravated robbery and received consecutive sentences of life imprisonment without parole on each count. Appellant then filed a petition…
Date: September 29, 2011
Citation: 2011 Ark. 391
Docket Number: CR10-1164
Justia Opinion Summary: Appellant Gregory Holt was convicted of aggravated residential burglary and first-degree domestic burglary. Appellant was sentenced to life imprisonment on the aggravated residential burglary charge and forty years on…
Date: September 29, 2011
Citation: 2011 Ark. 395
Docket Number: CR10-353
Justia Opinion Summary: Appellant Vera Arnold was convicted of criminal solicitation to commit capital murder and criminal conspiracy to commit theft by deception. After she was paroled, Appellant filed petitions to seal the records of both…
Date: September 29, 2011
Citation: 2011 Ark. 396
Docket Number: CR10-461
Justia Opinion Summary: A jury convicted Appellant Melvin Lockhart of first-degree murder and theft of property. The court of appeals affirmed, holding that because Appellant did not move for a directed verdict on the offense of first-degree…
Date: September 29, 2011
Citation: 2011 Ark. 397
Docket Number: CR10-800
Justia Opinion Summary: A jury found Appellant Terry Matthews guilty of aggravated robbery. Appellant subsequently filed a petition for postconviction relief, arguing ineffective assistance of counsel at trial. The circuit court denied the…
Date: September 29, 2011
Citation: 2011 Ark. 398
Docket Number: CR10-896
Justia Opinion Summary: After a jury trial, Appellant Marcus Atkins was convicted of first-degree battery, kidnapping, and possession of a firearm by certain persons. Appellant filed a pro se petition for postconviction relief, arguing that he…
Date: September 29, 2011
Citation: 2011 Ark. 392
Docket Number: CR11-160
Justia Opinion Summary: Appellant David Vance was convicted of raping his fourteen-year-old daughter and was sentenced to twenty years' imprisonment. On appeal, Appellant challenged the sufficiency of the evidence to support the rape conviction…
Date: September 22, 2011
Citation: 2011 Ark. 383
Docket Number: 10-1112
Justia Opinion Summary: Appellant Mitchell Skinner entered into a negotiated plea of guilty to capital murder and was sentenced to life without parole. Appellant subsequently filed a petition for writ of habeas corpus, arguing (1) the trial…
Date: September 22, 2011
Citation: 2011 Ark. 384
Docket Number: 10-1180
Justia Opinion Summary: Appellant Matthew Boivin entered a negotiated plea of guilty to first-degree murder and was sentenced to forty years' imprisonment. Appellant subsequently filed a petition for writ of habeas corpus, which the circuit…
Date: September 22, 2011
Citation: 2011 Ark. 370
Docket Number: 10-1283
Justia Opinion Summary: In a dependency-neglect case, the circuit court awarded permanent custody of two children to their maternal grandmother and awarded standard visitation to their father, appellant Jamie Mahone. On appeal, Mahone contended…
Date: September 22, 2011
Citation: 2011 Ark. 381
Docket Number: 10-982
Justia Opinion Summary: Appellant Frederick Burnley pled guilty to aggravated robbery, felony theft of property, misdemeanor theft of property, kidnapping, and second-degree battery. Appellant subsequently filed a writ of habeas corpus, arguing…
Date: September 22, 2011
Citation: 2011 Ark. 382
Docket Number: 10-984
Justia Opinion Summary: Appellant Gregory Cook pled guilty to capital murder and was sentenced to a term of life imprisonment without parole. Appellant filed a petition for writ of habeas corpus, which the circuit court denied, finding that (1)…
Date: September 22, 2011
Citation: 2011 Ark. 387
Date: September 22, 2011
Citation: 2011 Ark. 375
Docket Number: CR09-1100
Justia Opinion Summary: Appellant Jim Henson pled guilty to first-degree sexual assault and failure to appear. Appellant filed a petition for postconviction relief, asserting ineffective assistance of counsel. The circuit court denied…
Date: September 22, 2011
Citation: 2011 Ark. 376
Docket Number: CR09-1168
Justia Opinion Summary: A jury convicted Levonia Gray of first-degree battery and first-degree terroristic threatening. The court of appeals affirmed. Appellant then filed a petition for postconviction relief, claiming that his counsel was…
Date: September 22, 2011
Citation: 2011 Ark. 372
Docket Number: CR10-1036
Justia Opinion Summary: Appellant Calvin Washington was convicted of capital murder and sentenced to life imprisonment without parole. On appeal, Washington argued that the circuit court erred in denying his motion to suppress a statement he…
Date: September 22, 2011
Citation: 2011 Ark. 369
Docket Number: CR10-1104
Date: September 22, 2011
Citation: 2011 Ark. 369
Docket Number: CR10-1104
Justia Opinion Summary: Appellant Louis Butler was convicted of capital murder by unlawful discharge of a firearm from a vehicle. During trial, the circuit court rejected Butler's proffered instruction on manslaughter based on imperfect…
Date: September 22, 2011
Citation: 2011 Ark. 373
Docket Number: CR10-1143
Justia Opinion Summary: Appellant Robert Davis was convicted of capital murder and aggravated robbery and was sentenced to life imprisonment without parole. On appeal, Appellant contended that the admission of a witness's out-of-court statement…
Date: September 22, 2011
Citation: 2011 Ark. 371
Docket Number: CR10-1200
Justia Opinion Summary: Appellant Lemuel Whiteside, a juvenile who was seventeen at the time the offense was committed, was convicted of capital-felony murder and aggravated robbery. Whiteside was sentenced to life in prison without parole for…
Date: September 22, 2011
Citation: 2011 Ark. 379
Docket Number: CR10-1262
Justia Opinion Summary: Appellant Albert Bell was convicted for two counts of first-degree murder and was sentenced to two consecutive life sentences. Appellant subsequently filed a petition for postconviction relief, which was denied.…
Date: September 22, 2011
Citation: 2011 Ark. 380
Docket Number: CR10-1317
Justia Opinion Summary: Appellant Thernell Hundley pled guilty to capital murder and was sentenced to a life term of imprisonment without parole. Appellant subsequently filed a pro se petition to dismiss the judgment, arguing that he was…
Date: September 22, 2011
Citation: 2011 Ark. 377
Docket Number: CR10-809
Justia Opinion Summary: Appellant entered a plea of guilty to first-degree murder and received a life sentence. Appellant subsequently filed a petition for postconviction relief. At the time of Appellant's conviction, Ark. R. Crim. P. 37.2(c)…
Date: September 22, 2011
Citation: 2011 Ark. 378
Docket Number: CR10-933
Justia Opinion Summary: Appellants Lucille Smith and Brenda Spencer were found guilty by a jury in Arkansas County of murder in the first degree. More than thirty-seven years after their trial for first-degree murder, Appellants filed in…
Date: September 22, 2011
Citation: 2011 Ark. 374
Docket Number: CR10-998
Justia Opinion Summary: A jury found Appellant David Fuson guilty of computer child pornography, for which Appellant was sentenced to twenty years' incarceration. On appeal, Appellant contended that the circuit court erred in denying his…
Date: September 15, 2011
Citation: 2011 Ark. 359
Docket Number: 09-970
Justia Opinion Summary: Appellant Roger Bradford filed three pro se petitions for writ of habeas corpus, (1) challenging his 1982 convictions for three counts of deliver of a controlled substance, his 1990 conviction for second-degree escape,…
Date: September 15, 2011
Citation: 2011 Ark. 362
Docket Number: 10-1199
Justia Opinion Summary: Appellant Timothy Wise pled guilty to first-degree battery and was sentenced to a term of 240 months' imprisonment. Appellant subsequently filed a petition for declaratory judgment and writ of mandamus, asserting that at…
Date: September 15, 2011
Citation: 2011 Ark. 349
Docket Number: 10-1208
Justia Opinion Summary: Robert Robinette was arrested for suspicion of driving while intoxicated. After Robinette received notice of suspension of his driving privileges, Robinette requested an administrative hearing before the Department of…
Date: September 15, 2011
Citation: 2011 Ark. 360
Docket Number: 10-161
Justia Opinion Summary: Andre Washington entered a negotiated plea of guilty to criminal attempt to commit rape and failure to register as a sex offender and was sentenced as a habitual offender. Washington filed a petition for writ of habeas…
Date: September 15, 2011
Citation: 2011 Ark. 361
Docket Number: 10-425
Justia Opinion Summary: Appellant Percy Henderson was convicted of capital felony murder and was sentenced to life imprisonment without parole. The Supreme Court affirmed. Later, Appellant filed a pro se petition for writ of habeas corpus,…
Date: September 15, 2011
Citation: 2011 Ark. 348
Docket Number: 10-966
Justia Opinion Summary: Cheryl Duncan filed for divorce from Mark Duncan. The circuit court entered a divorce decree, incorporating and adopting a property-settlement agreement between the parties but not merging it into the decree. The circuit…
Date: September 15, 2011
Citation: 2011 Ark. 350
Docket Number: 11-143
Justia Opinion Summary: The board of directors of the City of Hot Springs adopted an ordinance establishing a stormwater utility fund and imposing a stormwater utility fee on municipal utility accounts within the city's corporate limits.…
Date: September 15, 2011
Citation: 2011 Ark. 352
Docket Number: CR09-1119
Justia Opinion Summary: Appellant Mark Eason pled guilty to a charge of sale of a controlled substance and was sentenced to sixty months' probation. Subsequently, the circuit court revoked Appellant's probation after concluding that Appellant…
Date: September 15, 2011
Citation: 2011 Ark. 353
Docket Number: CR09-1201
Justia Opinion Summary: A jury found Appellant Oliver Leak guilty of battery in the first degree and being a felon in possession of a firearm. Appellant filed a petition for postconviction relief, which the circuit court denied without an…
Date: September 15, 2011
Citation: 2011 Ark. 351
Docket Number: CR09-892
Justia Opinion Summary: Appellant Robert Burton was convicted of aggravated robbery and residential burglary. Appellant filed a petition for postconviction relief, which the circuit court denied. The court of appeals affirmed. The Supreme Court…
Date: September 15, 2011
Citation: 2011 Ark. 358
Docket Number: CR10-1045
Justia Opinion Summary: Appellant Shawna Biddle pled guilty to ten counts of rape and was sentenced to 300 months' imprisonment. Subsequently, Appellant filed a petition for reduction of sentence, alleging that her trial counsel was ineffective…
Date: September 15, 2011
Citation: 2011 Ark. 354
Docket Number: CR10-669
Justia Opinion Summary: Appellant Lloyd Callie was convicted of two counts of rape and sentenced to 480 months' imprisonment. The court of appeals affirmed his convictions and sentence. Appellant filed a motion to vacate his judgment and…
Date: September 15, 2011
Citation: 2011 Ark. 355
Docket Number: CR10-751
Justia Opinion Summary: Appellant Roderick White was convicted of aggravated robbery. The court of appeals affirmed. Appellant subsequently filed a pro se petition to vacate or modify the judgment pursuant to Ark. R. Crim. P. 60 and Fed. R.…
Date: September 15, 2011
Citation: 2011 Ark. 356
Docket Number: CR10-877
Justia Opinion Summary: Appellant pled guilty to overdraft and failure to register as a sex offender. In the latest of a series of motions that Appellant filed seeking to set aside his convictions for failure to register as a sex offender,…
Date: September 15, 2011
Citation: 2011 Ark. 357
Docket Number: CR10-885
Justia Opinion Summary: A jury found Appellant Michael Green guilty of possession of a controlled substance with intent to deliver, for which he was sentenced as an habitual offender. Appellant subsequently filed a petition for postconviction…
Date: September 15, 2011
Citation: 2011 Ark. 364
Docket Number: CR11-535
Date: September 15, 2011
Citation: 2011 Ark. 365
Docket Number: CR11-872
Date: September 15, 2011
Citation: 2011 Ark. 367
Docket Number: CR11-91
Justia Opinion Summary: Petitioner Gregory Smith entered a plea of guilty to six felony criminal offenses and was sentenced as a habitual offender. Petitioner filed a timely pro se petition for postconviction relief, which the trial court…
Date: September 15, 2011
Citation: 2011 Ark. 363
Docket Number: CR11-97
Date: September 8, 2011
Citation: 2011 Ark. 333
Docket Number: 09-1052
Justia Opinion Summary: Appellant Frederick Smith pled guilty to two counts of aggravated robbery and one count each of felon in possession of a firearm, committing a terroristic act, and aggravated assault. Appellant was sentenced to an…
Date: September 8, 2011
Citation: 2011 Ark. 334
Docket Number: 09-1228
Justia Opinion Summary: Appellant Jimmy Bumgardner was convicted by a jury of possession of methamphetamine with intent to deliver, possession of drug paraphernalia, and possession of pseudoephedrine. His convictions were affirmed on direct…
Date: September 8, 2011
Citation: 2011 Ark. 335
Docket Number: 09-1284
Justia Opinion Summary: Appellant Roosevelt Abernathy was convicted by a jury of capital murder and first-degree battery. Abernathy filed a pro se petition for writ of habeas corpus, contending that his capital murder conviction was void…
Date: September 8, 2011
Citation: 2011 Ark. 329
Docket Number: 09-422
Justia Opinion Summary: Carlos Aguilar pled guilty to second-degree murder and residential burglary and was sentenced to consecutive terms totaling thirty years' imprisonment. Subsequently, Aguilar filed a petition for declaratory judgment and…
Date: September 8, 2011
Citation: 2011 Ark. 330
Docket Number: 09-532
Justia Opinion Summary: Appellant Harold Cassell was found guilty of capital murder. Appellant subsequently filed a writ of habeas corpus in the circuit court of the county in which he was incarcerated. The circuit court denied the petition. On…
Date: September 8, 2011
Citation: 2011 Ark. 332
Docket Number: 09-915
Justia Opinion Summary: Appellant Charles Marshall was found guilty of first-degree murder. The court of appeals affirmed. Appellant subsequently filed in the circuit court of the county where he was incarcerated a pro se petition for writ of…
Date: September 8, 2011
Citation: 2011 Ark. 336
Docket Number: 10-325
Justia Opinion Summary: Appellant Timothy Edwards was convicted of aggravated robbery and theft of property and was sentenced to a term of life imprisonment. The Supreme Court affirmed. Edwards subsequently filed a pro se petition for writ of…
Date: September 8, 2011
Citation: 2011 Ark. 346
Docket Number: 11-422
Justia Opinion Summary: Appellant Barry Simpson entered a plea of guilty to first-degree murder and was sentenced to life imprisonment. Appellant later filed a petition for writ of habeas corpus, alleging that the trial court lacked…
Date: September 8, 2011
Citation: 2011 Ark. 323
Docket Number: CR09-1166
Justia Opinion Summary: Appellant Terrance Walton was convicted of breaking and entered and was sentenced, as a habitual offender, to fifteen years' imprisonment. Appellant subsequently filed in the trial court a petition for postconviction…
Date: September 8, 2011
Citation: 2011 Ark. 324
Docket Number: CR09-1233
Justia Opinion Summary: Appellant Bernard Marks was convicted of capital murder, and his convictions were affirmed on appeal. Appellant subsequently filed a petition and an amended petition for postconviction relief, contending that his trial…
Date: September 8, 2011
Citation: 2011 Ark. 325
Docket Number: CR09-1248
Justia Opinion Summary: Appellant Michael Hatcher was convicted of manufacturing methamphetamine and possession of drug paraphernalia. Following the affirmance of the judgments, Appellant filed in the trial court a petition for postconviction…
Date: September 8, 2011
Citation: 2011 Ark. 326
Docket Number: CR09-1309
Justia Opinion Summary: Appellant Robert Heffernan was convicted by a jury of capital murder for the abduction, rape, and murder of a fourteen-year-old girl. Appellant filed a habeas corpus petition for relief under Ark. Code Ann. 16-112-201,…
Date: September 8, 2011
Citation: 2011 Ark. 320
Docket Number: CR09-427
Justia Opinion Summary: Appellant Joseph Bienemy was convicted of capital murder and sentenced to a term of life imprisonment without parole. The Supreme Court affirmed his conviction and sentence. Subsequently, Appellant filed a petition for…
Date: September 8, 2011
Citation: 2011 Ark. 321
Docket Number: CR09-445
Justia Opinion Summary: Following his conviction on two counts of manslaughter and one count of first-degree battery, Appellant Eric Hoyle filed a petition for postconviction relief, alleging ineffective assistance of counsel. The trial court…
Date: September 8, 2011
Citation: 2011 Ark. 322
Docket Number: CR09-813
Justia Opinion Summary: Appellant Eugene Pitts was convicted of capital murder and kidnapping. Appellant subsequently filed a pro se petition for writ of habeas corpus, alleging his actual innocence and requesting relief pursuant to Ark. Code…
Date: September 8, 2011
Citation: 2011 Ark. 342
Docket Number: CR10-1021
Justia Opinion Summary: Petitioner William Tubbs pled guilty to charges of theft by receiving and leaving the scene of a personal-injury accident and fleeing. Petitioner filed a pro se motion for belated appeal of three orders entered in the…
Date: September 8, 2011
Citation: 2011 Ark. 327
Docket Number: CR10-147
Justia Opinion Summary: Following a jury trial, Appellant Jeffrey Hayes was found guilty of rape and kidnapping. The court of appeals affirmed. Appellant subsequently filed a petition for postconviction relief, alleging several grounds,…
Date: September 8, 2011
Citation: 2011 Ark. 328
Docket Number: CR10-244
Justia Opinion Summary: Appellant George French entered a negotiated plea of guilty to seven counts, including kidnapping, intimidating a witness, possession of firearms by certain persons, aggravated assault on a family or household member,…
Date: September 8, 2011
Citation: 2011 Ark. 343
Docket Number: CR11-300
Justia Opinion Summary: Appellant Eric Murry pled guilty to charges of theft by receiving, being a felon in possession of a firearm, and possession with intent to deliver a controlled substance, for which he received a ten-year suspended…
Date: September 8, 2011
Citation: 2011 Ark. 344
Docket Number: CR11-518
Justia Opinion Summary: Appellant Keith Miller entered a plea of guilty to theft by receiving and robbery. Appellant subsequently filed a pro se petition for postconviction relief, seeking to withdraw the plea of guilty. The trial court denied…
Date: September 8, 2011
Citation: 2011 Ark. 345
Docket Number: CR11-583
Justia Opinion Summary: Appellant James Clemons was found guilty of capital murder and sentenced to life imprisonment without parole. The Supreme Court affirmed. Appellant subsequently filed a pro se brief to support his petition for…
Date: September 8, 2011
Citation: 2011 Ark. 337
Docket Number: CR11-736
Date: September 8, 2011
Citation: 2011 Ark. 338
Docket Number: CR11-812
Date: July 27, 2011
Citation: 2011 Ark. 304
Docket Number: CACR02-573
Justia Opinion Summary: Alvin Biggs was found guilty by a jury of the first-degree murder of his stepfather. Biggs filed a pro se petition with the Supreme Court to reinvest jurisdiction in the trial court to consider a petition for a writ of…
Date: July 27, 2011
Citation: 2011 Ark. 296
Docket Number: CR09-716
Justia Opinion Summary: Appellant was convicted of two counts of rape following a jury trial. The court of appeals affirmed Appellant's convictions. Appellant subsequently filed a petition for postconviction relief, claiming ineffective…
Date: July 27, 2011
Citation: 2011 Ark. 311
Docket Number: 11-428
Justia Opinion Summary: A jury found Appellant Joe Clem guilty by a jury of rape and accomplice to rape. Appellant later filed in the circuit court a pro se petition for writ of habeas corpus. The petition was denied, and Appellant lodged an…
Date: July 27, 2011
Citation: 2011 Ark. 303
Docket Number: CR93-284
Justia Opinion Summary: Gary Cloird was found guilty of rape and theft of property. A decade later, Cloird filed in the Supreme Court a pro se petition to reinvest jurisdiction in the trial court to consider a petition for writ of error coram…
Date: July 27, 2011
Citation: 2011 Ark. 308
Docket Number: CR11-472
Justia Opinion Summary: Appellant Robert Coleman entered a plea of guilty or nolo contendere to rape and sexual assault in the second degree in circuit court. Appellant later filed in the trial court a petition for writ of habeas corpus in…
Date: July 27, 2011
Citation: 2011 Ark. 309
Docket Number: CR11-501
Justia Opinion Summary: A jury found Abraham Grant guilty of capital murder and first-degree battery. Grant filed in the trial court a pro se petition for postconviction relief, challenging the subject-matter jurisdiction of the trial court,…
Date: July 27, 2011
Citation: 2011 Ark. 305
Docket Number: CR10-727
Justia Opinion Summary: Bennie Guy entered a negotiated plea of guilty to rape in circuit court. More than a decade later, Guy filed a petition for writ of habeas corpus in the trial court that asserted his actual innocence, alleged that his…
Date: July 27, 2011
Citation: 2011 Ark. 310
Docket Number: CR11-582
Justia Opinion Summary: In 2001, a jury found Appellant guilty of rape. The Supreme Court affirmed. Later that year, before the appeal was completed, Appellant filed a petition for postconviction relief pursuant to Ark. R. Crim. P. 37.1. The…
Date: July 27, 2011
Citation: 2011 Ark. 302
Docket Number: 11-732
Date: July 27, 2011
Citation: 2011 Ark. 313
Docket Number: 11-532
Justia Opinion Summary: Appellant Patrick Robertson, an inmate of the Arkansas Department of Correction (ADC), filed in circuit court a pro se petition for writ of habeas corpus, contending that the writ should issue on the ground that the ADC…
Date: July 27, 2011
Citation: 2011 Ark. 307
Docket Number: CR11-352
Justia Opinion Summary: Petitioner was found guilty by a jury of solicitation to commit capital murder. Subsequently, Petitioner filed in the trial court a pro se petition for postconviction relief. Later, Petitioner filed a motion to amend the…
Date: July 27, 2011
Citation: 2011 Ark. 306
Docket Number: CR11-299
Justia Opinion Summary: Appellant entered a plea of guilty to robbery. Subsequently, Appellant filed in the trial court a pro se petition for writ of error coram nobis, which was denied. Appellant lodged an appeal in the Supreme Court and filed…
Date: July 27, 2011
Citation: 2011 Ark. 295
Docket Number: CR09-658
Justia Opinion Summary: Appellant was convicted by a jury of kidnapping, rape, and burglary. The Supreme Court affirmed Appellant's convictions. Many years later, Appellant filed a petition to vacate or set aside the judgment, alleging his…
Date: July 27, 2011
Citation: 2011 Ark. 312
Docket Number: 11-436
Justia Opinion Summary: Appellant was found guilty by a jury of sexual assault in the second degree. Subsequently, Appellant filed in the circuit court a pro se petition for writ of habeas corpus, contending that the writ should issue on the…
Date: June 23, 2011
Citation: 2011 Ark. 278
Docket Number: 10-906
Justia Opinion Summary: Appellant Darrell Brown appealed an order of the circuit court probate division modifying its previous order authorizing distribution of net remaining settlement proceeds and declaring that, as a disbarred attorney,…
Date: June 23, 2011
Citation: 2011 Ark. 279
Docket Number: 10-1182
Justia Opinion Summary: After approving a fall wild turkey hunting season, the Arkansas Game & Fish Commission (AGFC) amended its codes approving the season and closed wild turkey hunting for the season. Appellant David Clark filed a complaint…
Date: June 23, 2011
Citation: 2011 Ark. 284
Docket Number: CR09-632
Justia Opinion Summary: Defendant Lee Croy was convicted of two counts of first-degree sexual assault. Following his conviction and appeal, Croy filed in the trial court a petition for postconviction relief under Ark. R. Crim. P. 37.1 for…
Date: June 23, 2011
Citation: 2011 Ark. 277
Docket Number: 11-112
Justia Opinion Summary: April Forrester, individually and as a representative of all similarly situated voters-citizens, appealed from an order entered in circuit court denying Forrester's request for injunctive relief and writ of mandamus…
Date: June 23, 2011
Citation: 2011 Ark. 286
Docket Number: CR11-328
Justia Opinion Summary: In 1992, appellant Brenda Owens was found guilty by a jury of capital murder and sentenced to life imprisonment without parole. The Supreme Court affirmed. in 2010, appellant filed in the trial court a pro se petition…
Date: June 23, 2011
Citation: 2011 Ark. 280
Docket Number: 10-1093
Justia Opinion Summary: Appellee First Community Bank loaned $175,000 to Catherine Warbington and two Warbington family trusts, listing the property in the trusts as security. After Catherine died, the bank later filed a foreclosure complaint,…
Date: June 23, 2011
Citation: 2011 Ark. 287
Docket Number: 11-414
Justia Opinion Summary: In 1996, appellant Lamont Van was convicted of capital murder. In 2010, appellant filed a petition for writ of habeas corpus, arguing that the trial court lacked jurisdiction, that he was not put on notice that the…
Date: June 23, 2011
Citation: 2011 Ark. 288
Docket Number: 11-429
Justia Opinion Summary: In 2008, appellant Mark Williams entered a plea of guilty to rape in the circuit court. In 2010, appellant filed a petition for writ of habeas corpus, arguing that the trial court lacked jurisdiction in his case because…
Date: June 23, 2011
Citation: 2011 Ark. 281
Docket Number: 09-1238
Justia Opinion Summary: May Construction Company appealed from a circuit court order declaring a lien on real property, owned by Town Creek Construction & Development, subordinate to a mortgage filed by Chambers Bank and unenforceable against a…
Date: June 23, 2011
Citation: 2011 Ark. 282
Docket Number: 10-1201
Justia Opinion Summary: After appellant N.D. escaped from a juvenile detention center and attacked a security guard, who later died, the state filed a felony information in circuit court, charging N.C. with capital murder, escape in the first…
Date: June 23, 2011
Citation: 2011 Ark. 283
Docket Number: 11-81
Justia Opinion Summary: In 2009, a car collided with a bus driven by Angela Austin, causing several passengers' deaths and serious injuries to others. Austin drove the bus as a transport vehicle for a nonprofit called Focus. Focus was insured…
Date: June 16, 2011
Citation: 2011 Ark. 263
Docket Number: 11-132
Justia Opinion Summary: In 2009, the Arkansas Teacher Retirement System (ATRS) petitioned the county court seeking a determination that a shopping center it owned was exempt from ad valorem taxation. The county court rejected ATRS's contention…
Date: June 16, 2011
Citation: 2011 Ark. 260
Docket Number: 10-1226
Justia Opinion Summary: Steve Baxter, who was insured by State Farm, was injured in a motor-vehicle accident. State Farm paid medical coverage in the amount of $5000 and informed the tortfeasor's insurer carrier, Farmers Insurance, of its…
Date: June 16, 2011
Citation: 2011 Ark. 257
Docket Number: 10-1221
Justia Opinion Summary: Megan Bradley, who was insured by State Farm, was injured in a motor-vehicle accident. State Farm paid $3844 in medical benefits to Bradley. State Farm then pursued a subrogation claim against the tortfeasor's insurer,…
Date: June 16, 2011
Citation: 2011 Ark. 266
Docket Number: 10-870
Justia Opinion Summary: Jay Carter appealed an order of the circuit court awarding Ernie and Karen Cline money damages pursuant to a jury verdict, in addition to attorneys fees and costs, on the Clines's complaint for breach of contract to…
Date: June 16, 2011
Citation: 2011 Ark. 255
Docket Number: 10-1250
Justia Opinion Summary: Plaintiffs Mark and Karla Gibbs brought claims in the federal district court against, among other defendants, Corinthian Title, Jeffrey Brown, Shelley Hickson, and Christine Tueckes, for civil conspiracy. The above…
Date: June 16, 2011
Citation: 2011 Ark. 261
Docket Number: 11-123
Justia Opinion Summary: Chancey Baird was convicted of attempted first-degree murder and was sentenced to thirty years' imprisonment pursuant to Ark. Code Ann. 16-90-121. Baird filed a complaint for declaratory relief against the department of…
Date: June 16, 2011
Citation: 2011 Ark. 259
Docket Number: 10-60
Justia Opinion Summary: John Kelly appealed a divorce decree granting Christy Kelly a divorce, arguing (1) the circuit court erred in finding that Christy's stock in Tarco Roofing Materials (TRM) was nonmarital property, and (2) the circuit…
Date: June 16, 2011
Citation: 2011 Ark. 265
Docket Number: 09-301
Justia Opinion Summary: Appellant James Lumley, a prisoner incarcerated in the Arkansas Department of Correction, filed a petition for writ of habeas corpus, contending his sentence was illegal because it exceeded the presumptive sentence to be…
Date: June 16, 2011
Citation: 2011 Ark. 269
Docket Number: CR11-431
Justia Opinion Summary: Appellant Joe Moore was found guilty by a jury of aggravated robbery and was sentenced to 600 months' imprisonment. The court of appeals affirmed. Appellant then filed a pro se petition for postconviction relief on a…
Date: June 16, 2011
Citation: 2011 Ark. 258
Docket Number: 11-17
Justia Opinion Summary: After a separation in the legal ownership of Mountain Pure and Gold Star Dairy, Mountain Pure was required to install a new representative sampling point and wastewater-flow-measurement system pursuant to a compliance…
Date: June 16, 2011
Citation: 2011 Ark. 256
Docket Number: 10-1220
Justia Opinion Summary: After appellant Stephanie Riley, who was insured by State Farm, was involved in a car accident, Riley settled with the tortfeasor's insurer, GEICO. Riley asserted that State Farm filed a lien on her settlement before it…
Date: June 16, 2011
Citation: 2011 Ark. 267
Docket Number: CR10-572
Justia Opinion Summary: Appellant Jacquelyne Velcoff was found guilty by a jury of twenty counts of rape and sentenced to an aggregate term of 168 months' imprisonment. The court of appeals affirmed. Appellant then filed in the trial court a…
Date: June 16, 2011
Citation: 2011 Ark. 262
Docket Number: 10-568
Justia Opinion Summary: Janet Jacefield sought an order of protection against Martin Wills. The circuit court entered an order of protection and scheduled a hearing on the petition. At the hearing, the circuit court denied Wills's motion for a…
Date: June 16, 2011
Citation: 2011 Ark. 264
Docket Number: CR09-374
Justia Opinion Summary: Appellant Tywan Winston was convicted on a charge of capital murder and received a sentence of life imprisonment without parole. The Supreme Court affirmed the judgment. Winston then filed a petition for postconviction…
Date: June 16, 2011
Citation: 2011 Ark. 270
Docket Number: CR11-503
Justia Opinion Summary: Petitioner Archie Ross was found guilty by a jury of attempted second-degree murder and attempted manslaughter. He was sentenced as a habitual offender to an aggregate term of 432 months' imprisonment. The court of…
Date: June 2, 2011
Citation: 2011 Ark. 245
Docket Number: 10-610
Justia Opinion Summary: Appellant brought an interlocutory appeal from the circuit court’s denial of its motion to compel arbitration. The appellee argued that appellant’s appeal was untimely filed. To be timely, appellant was required to file…
Date: June 2, 2011
Citation: 2011 Ark. 249
Docket Number: 11-121
Justia Opinion Summary: In 2006, appellant pleaded guilty to three counts of aggravated robbery. The Arkansas Department of Correction applied Ark. Code Ann. 16-93-609, which required appellant to serve 100% of his sentences. In 2010, appellant…
Date: June 2, 2011
Citation: 2011 Ark. 247
Docket Number: CR90-163
Justia Opinion Summary: Approximately twenty years after being found guilty of rape and sentenced to forty years’ imprisonment, petitioner petitioned pro se to the Supreme Court to reinvest jurisdiction in the trial court to consider a petition…
Date: June 2, 2011
Citation: 2011 Ark. 248
Docket Number: CR10-1300
Justia Opinion Summary: Appellant was sentenced to a cumulative term of 552 months’ imprisonment pursuant to a plea agreement. Appellant first petitioned the trial court for a sentence reduction based partly on the grounds that appellant’s…
Date: June 2, 2011
Citation: 2011 Ark. 244
Docket Number: 10-1116
Justia Opinion Summary: The State appealed an order of the circuit court transferring appellee’s criminal case to the juvenile division of circuit court, asserting that the circuit court’s order granting the transfer was clearly erroneous.…
Date: June 2, 2011
Citation: 2011 Ark. 243
Docket Number: CR10-598
Justia Opinion Summary: Appellant appealed a conviction and sentence to life imprisonment without parole. The appellant made several arguments, including the arguments that the circuit court erred (1) by failing to suppress evidence derived…
Date: June 2, 2011
Citation: 2011 Ark. 251
Date: May 26, 2011
Citation: 2011 Ark. 231
Docket Number: 10-125
Justia Opinion Summary: Appellants Bunn Builders, Inc. (Bunn) hired Appellees Richard Womack and Roy Turner (Womack & Turner) to paint the ground floor office of the Bunn Building in Arkadelphia. On August 19, 2004, a fire was reported at the…
Date: May 26, 2011
Citation: 2011 Ark. 230
Docket Number: 10-869
Date: May 26, 2011
Citation: 2011 Ark. 233
Docket Number: 11-75
Justia Opinion Summary: The Harrisburg School District No. 6 and the Board of Education (the District) appealed an order from the circuit court that granted Appellee Byron Neal's motion for summary judgment. Mr. Neal was elected to one of five…
Date: May 26, 2011
Citation: 2011 Ark. 234
Docket Number: 10-1094
Justia Opinion Summary: Three questions of law were certified to the Supreme Court from the federal district court. The certified questions arose from a complaint from Petitioner Hempstead County Hunting Club, Inc. (Hempstead). Hempstead…
Date: May 26, 2011
Citation: 2011 Ark. 236
Docket Numbers: CR 09-1118, CR09-1118
Date: May 26, 2011
Citation: 2011 Ark. 232
Docket Number: 10-1148
Justia Opinion Summary: The Second Injury Fund appealed the Arkansas Workers' Compensation Commission (Commission) finding that the Fund was not entitled to a statutory offset for Appellee Cleveland Osborn's Veterans Administration (VA)…
Date: May 19, 2011
Citation: 2011 Ark. 226
Docket Number: CR11-290
Justia Opinion Summary: In 2008, a jury found Appellant Benjamin Carter guilty of possession of drugs and weapons charges. He was sentenced to life imprisonment and fined approximately $70,000. The sentences were ordered to be served…
Date: May 19, 2011
Citation: 2011 Ark. 222
Docket Number: CV10-457
Justia Opinion Summary: Appellant Hunter Crenshaw appealed the dismissal of his lawsuit against Steven Ayers. The case was dismissed because it fell outside the applicable statute of limitations. Appellant and Mr. Ayers were involved in an…
Date: May 19, 2011
Citation: 2011 Ark. 224
Docket Number: 10-1255
Justia Opinion Summary: Appellant Jane Henry, as the personal representative of the estate of her deceased husband Ernest, sued multiple parties, including Continental Casualty Company (Continental), Washington Regional Medical Center…
Date: May 19, 2011
Citation: 2011 Ark. 223
Docket Number: 11-166
Justia Opinion Summary: Appellant Larry Wilson and seventeen other citizens of Philips County challenged the November 2, 2010 election results for several positions on the Helena-West City Council. The Supreme Court found that the complaint…
Date: May 12, 2011
Citation: 2011 Ark. 210
Docket Number: 10-1150
Justia Opinion Summary: Appellant Baptist Health (Baptist) appealed the circuit court’s order that granted Appellee Andre Hutson’s class-certification motion. In her underlying claim, Appellee argued that Baptist breached a contractual…
Date: May 12, 2011
Citation: 2011 Ark. 208
Docket Number: 10-987
Justia Opinion Summary: Appellant Kim Crockett appealed the circuit court’s order in favor of Appellee C.A.G. Investments, Inc. (CAG). CAG was created as an investment vehicle to provide funds to Omni Holding and Development Corporation (Omni).…
Date: May 12, 2011
Citation: 2011 Ark. 207
Docket Number: 10-1185
Justia Opinion Summary: Appellant Kojleb Kesai filed a complaint for damages stemming from an automobile accident. A trial was held two years later. The jury was impaneled, and proceedings got underway. Appellant moved to use his first…
Date: May 12, 2011
Citation: 2011 Ark. 209
Docket Number: 10-1059
Justia Opinion Summary: Appellant Reagen Kirkland appealed the circuit court’s order in favor of Appellees Jay and Allison Sandlin (The Sandlins). The Sandlins owned a residential lot adjacent to Mr. Kirkland’s. The Sandlins had notified the…
Date: May 5, 2011
Citation: 2011 Ark. 193
Docket Number: 10-1287
Date: May 5, 2011
Citation: 2011 Ark. 195
Docket Number: 10-932
Justia Opinion Summary: Appellant, the Arkansas State Highway and Transportation Department (ASHTD), appealed an order from the circuit court that reversed its denial of a billboard permit to Appellee Lamar Advantage Holding Company (Lamar).…
Date: May 5, 2011
Citation: 2011 Ark. 196
Docket Number: CR10-1052
Justia Opinion Summary: Appellant Derrick Robertson appealed his first-degree murder conviction and life sentence. On appeal, he argued that the circuit court erred in admitting multiple photographs of the victim and scene of the crime. Many of…
Date: May 5, 2011
Citation: 2011 Ark. 194
Docket Number: 10-246
Justia Opinion Summary: Fifteen-month-old Trayvon Scroggins died in June, 2006 after being hit by a taxicab. Trayvon was survived by his mother, Appellee Evon Medlock, his father, Appellant Tremayne Scoggins, and one sister. Appellant was…
Date: May 5, 2011
Citation: 2011 Ark. 197
Docket Numbers: CR 93-988, CR93-988
Date: April 28, 2011
Citation: 2011 Ark. 180
Docket Number: 09-1049
Justia Opinion Summary: Appellant Carol Conway’s son Dennis Howard, was crushed to death in 2004 by an automated log-stacking machine while working at a Weyerhaeuser sawmill facility in North Carolina. Appellant filed suit against Appellee…
Date: April 28, 2011
Citation: 2011 Ark. 183
Docket Number: 10-1074
Justia Opinion Summary: In a pending negligence case in Philips County, the Circuit Court entered an order compelling Petitioner Cooper Tire & Rubber Company to fully and completely respond to the discovery requests made by the plaintiffs. The…
Date: April 28, 2011
Citation: 2011 Ark. 188
Docket Number: 10-1181
Justia Opinion Summary: Appellee Michael Grulkey sought to have Appellant Thomas Fite disqualified to run as an electoral candidate to the General Assembly. In July, 2010, the Arkansas Republican Party certified Fite as its candidate for the…
Date: April 28, 2011
Citation: 2011 Ark. 181
Docket Number: 10-929
Justia Opinion Summary: Appellant Harrill & Sutter, PLLC, filed a complaint in Saline County Circuit Court alleging a violation of the Arkansas Freedom of Information Act (FOIA). Appellant had filed a medical-malpractice action against three…
Date: April 28, 2011
Citation: 2011 Ark. 185
Docket Number: 10-694
Justia Opinion Summary: In October, 2008, a joint raid was conducted by the Federal Bureau of Investigation and the Arkansas State Police on the Tony Alamo Christian Ministries (TACM) compound in Fouke. As a result, many of the children found…
Date: April 28, 2011
Citation: 2011 Ark. 186
Docket Number: 10-1161
Justia Opinion Summary: Appellee, the City of Russelville (City), filed a complaint in November, 2008, that sought to condemn a property which fronts a public roadway in order to improve the surrounding drainage and flood control mechanisms.…
Date: April 28, 2011
Citation: 2011 Ark. 182
Docket Number: 10-692
Justia Opinion Summary: In October, 2008, a joint raid was conducted by the Federal Bureau of Investigation and the Arkansas State Police on the Tony Alamo Christian Ministries (TACM) compound in Fouke. As a result, many of the children found…
Date: April 28, 2011
Citation: 2011 Ark. 179
Docket Number: 10-691
Justia Opinion Summary: In October, 2008, a joint raid was conducted by the Federal Bureau of Investigation and the Arkansas State Police on the Tony Alamo Christian Ministries (TACM) compound in Fouke. As a result, many of the children found…
Date: April 28, 2011
Citation: 2011 Ark. 187
Docket Number: 10-696
Justia Opinion Summary: In October, 2008, a joint raid was conducted by the Federal Bureau of Investigation and the Arkansas State Police on the Tony Alamo Christian Ministries (TACM) compound in Fouke. As a result, many of the children found…
Date: April 28, 2011
Citation: 2011 Ark. 184
Docket Number: 10-693
Justia Opinion Summary: In October, 2008, a joint raid was conducted by the Federal Bureau of Investigation and the Arkansas State Police on the Tony Alamo Christian Ministries (TACM) compound in Fouke. As a result, many of the children found…
Date: April 14, 2011
Citation: 2011 Ark. 158
Docket Number: 10-750
Date: April 7, 2011
Citation: 2011 Ark. 145
Docket Number: 10-840
Date: March 31, 2011
Citation: 2011 Ark. 128
Docket Number: 10-1076
Date: March 31, 2011
Citation: 2011 Ark. 123
Docket Number: 09-1311
Date: March 31, 2011
Citation: 2011 Ark. 136
Docket Number: 10-1023
Date: March 31, 2011
Citation: 2011 Ark. 124
Docket Number: 10-758
Date: March 17, 2011
Citation: 2011 Ark. 117
Docket Number: 11-225
Date: February 24, 2011
Citation: 2011 Ark. 83
Docket Number: 10-348
Date: February 24, 2011
Citation: 2011 Ark. 83
Docket Number: 10-348
Date: February 24, 2011
Citation: 2011 Ark. 81
Docket Number: 10-791
Date: February 24, 2011
Citation: 2011 Ark. 81
Docket Number: 10-791
Date: February 9, 2011
Citation: 2011 Ark. 47
Docket Number: 10-567
Date: February 9, 2011
Citation: 2011 Ark. 47
Docket Number: 10-567
Date: February 9, 2011
Citation: 2011 Ark. 48
Docket Number: 10-667
Date: February 9, 2011
Citation: 2011 Ark. 57
Docket Number: 16-17
Date: February 9, 2011
Citation: 2011 Ark. 44
Docket Number: 10-459
Date: February 3, 2011
Citation: 2011 Ark. 31
Docket Number: 10-212
Date: February 3, 2011
Citation: 2011 Ark. 31
Docket Number: 10-212
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