Arkansas Supreme Court Decisions 2014
Date: December 22, 2014
Citation: 2014 Ark. 543
Docket Number: CV-13-919
Justia Opinion Summary: The circuit court entered an order and decree and divorce dissolving the marriage of John and Christy Kelly, and John Kelly appealed. The Supreme Court reversed and remanded. After the circuit court entered its final…
Date: December 22, 2014
Citation: 2014 Ark. 545
Docket Number: CV-14-138
Justia Opinion Summary: The special administrator of the Estate of W.C. Chappel filed an action on behalf of herself and other members of a class of similarly situated persons (collectively, Appellees) alleging claims of negligence and wrongful…
Date: December 18, 2014
Citation: 2014 Ark. 538
Docket Number: CR-14-15
Justia Opinion Summary: After a jury trial, Appellant was found guilty of sexual indecency with a child and sexual assault in the second degree. After the conviction was affirmed on appeal, Appellant filed a petition for postconviction relief,…
Date: December 18, 2014
Citation: 2014 Ark. 539
Docket Number: CR-14-31
Justia Opinion Summary: In 2011, Appellant pleaded guilty to second-degree battery. While the judgment-and-commitment order reflected that Appellant was sentenced to serve ninety-six months’ imprisonment for the offense, the order was not…
Date: December 18, 2014
Citation: 2014 Ark. 535
Docket Number: CR-14-518
Justia Opinion Summary: After a jury trial, Appellant was convicted of capital murder and aggravated robbery. Appellant was sentenced to life imprisonment without parole for the capital-murder conviction. On appeal, Appellant argued that the…
Date: December 18, 2014
Citation: 2014 Ark. 542
Docket Number: CR-14-880
Justia Opinion Summary: In 2003, Appellant pleaded guilty to second-degree sexual assault. In 2014, Appellant filed a pro se motion asking that a prison bond be set and that he be granted a pardon. The trial court denied the motion. Appellant…
Date: December 18, 2014
Citation: 2014 Ark. 537
Docket Number: CV-14-115
Justia Opinion Summary: Wife filed an amended complaint for divorce alleging that she was entitled to a divorce on the ground of adultery. On the date of the final divorce hearing, Wife failed to appear for trial. The trial court proceeded with…
Date: December 18, 2014
Citation: 2014 Ark. 540
Docket Number: CV-14-117
Justia Opinion Summary: In 2009, Appellant was convicted of murder in the second degree and abuse of a corpse. Appellant was sentenced to an aggregate sentence of 360 months’ imprisonment. In 2010, Appellant was convicted of two misdemeanors…
Date: December 18, 2014
Citation: 2014 Ark. 536
Docket Number: CV-14-40
Justia Opinion Summary: Outdoor Cap Co., Inc., a headwear company, had been paying ad valorem personal-property taxes in Benton County since 1976. In 2011, Outdoor Cap sought a refund of certain taxes paid in 2008 and 2009 that Outdoor Cap…
Date: December 18, 2014
Citation: 2014 Ark. 541
Docket Number: CV-14-460
Justia Opinion Summary: After a jury trial in 1989, Appellant was found guilty of murder in the first degree and sentenced as a habitual offender to 200 years’ imprisonment. In 2000, Appellant filed a pro se petition for writ of habeas corpus…
Date: December 11, 2014
Citation: 2014 Ark. 531
Date: December 11, 2014
Citation: 2014 Ark. 532
Date: December 11, 2014
Citation: 2014 Ark. 533
Date: December 11, 2014
Citation: 2014 Ark. 515
Docket Number: CR-13-15
Justia Opinion Summary: After a jury trial, Defendant was convicted of Class D felony violating an order of protection and sentenced to fifty-four months in prison. The Supreme Court reversed and dismissed Defendant’s conviction, holding that…
Date: December 11, 2014
Citation: 2014 Ark. 526
Docket Number: CR-14-24
Justia Opinion Summary: In 1997, Appellant entered a negotiated plea of guilty to first-degree murder and aggravated assault. Pursuant to Ark. Code Ann. 16-93-611, in effect at the time Appellant committed the offenses, a person found guilty of…
Date: December 11, 2014
Citation: 2014 Ark. 510
Docket Number: CR-14-412
Justia Opinion Summary: Defendant pleaded guilty to second-degree sexual assault. Appellant was sentenced to ten years’ probation and subject to sex-offender-registration requirements. The next year the State filed a felony information alleging…
Date: December 11, 2014
Citation: 2014 Ark. 530
Docket Number: CR-14-897
Justia Opinion Summary: After a jury trial, Appellant was found guilty of second-degree battery and the offense of being a felon in possession of a firearm. The court of appeals affirmed. Appellant later timely filed a verified pro se petition…
Date: December 11, 2014
Citation: 2014 Ark. 528
Docket Number: CR-14-989
Date: December 11, 2014
Citation: 2014 Ark. 511
Docket Number: CV-13-891
Justia Opinion Summary: In 2010, Plaintiff filed a medical malpractice suit against Appellants, several healthcare practitioners. Before trial, Appellants filed third-party complaints against Gary Slaton for contribution and an allocation of…
Date: December 11, 2014
Citation: 2014 Ark. 519
Docket Number: CV-14-10
Justia Opinion Summary: Gloria Daniel was fired from her position as a registered nurse at the Arkansas State Hospital thirteen months after she reported to Charles Smith, the hospital’s administrator, that a patient’s death was attributable to…
Date: December 11, 2014
Citation: 2014 Ark. 529
Docket Number: CV-14-12
Date: December 11, 2014
Citation: 2014 Ark. 513
Docket Number: CV-14-173
Justia Opinion Summary: After foreclosure proceedings were instituted against Petitioners, Petitioners filed an amended class-action complaint against the Federal National Mortgage Association (Fannie Mae), the owner of their mortgage and note,…
Date: December 11, 2014
Citation: 2014 Ark. 524
Docket Number: CV-14-219
Justia Opinion Summary: Joey and Cyrena Hossier were residents of California when they were issued an automobile-insurance policy by Interinsurance Exchange of the Automobile Club (IEAC). The Hoosiers later moved to Texas and notified IEAC of…
Date: December 11, 2014
Citation: 2014 Ark. 527
Docket Number: CV-14-332
Justia Opinion Summary: After a jury trial, Appellant was found guilty of first-degree murder and sentenced to life imprisonment. The Supreme Court affirmed. Appellant later filed a pro se petition for writ of habeas corpus, claiming actual…
Date: December 11, 2014
Citation: 2014 Ark. 506
Docket Number: CV-14-400
Justia Opinion Summary: Entergy Arkansas, Inc. and Entergy Operations, Inc. (collectively, Entergy), the owner and operator of a nuclear plant, contracted with Precision Surveillance Company (PSC) to provide civil engineers for a project. Wade…
Date: December 11, 2014
Citation: 2014 Ark. 508
Docket Number: CV-14-402
Justia Opinion Summary: Jess Clayton was working at a nuclear facility owned and operated by Entergy Arkansas, Inc. and Entergy Operations, Inc. (collectively, Entergy) when he was injured by a falling steel beam. Clayton was an employee of…
Date: December 11, 2014
Citation: 2014 Ark. 517
Docket Number: CV-14-7
Justia Opinion Summary: Wal-Mart Stores, Inc. and other related business entities (collectively, Wal-Mart) sought injunctive relief after the United Food and Commercial Workers International Union, Organization United for Respect at WlMart (the…
Date: December 11, 2014
Citation: 2014 Ark. 522
Docket Number: CV-14-97
Justia Opinion Summary: In 2007, Men Holdings 2, LLC began construction on a half-million-dollar building on property that was assessed as being entirely on property owned by Men Holdings. Due to a mistake in the description of the real-estate…
Date: December 4, 2014
Citation: 2014 Ark. 505
Date: December 4, 2014
Citation: 2014 Ark. 500
Docket Number: CR-13-872
Justia Opinion Summary: After a jury trial, Appellant was convicted of first-degree murder and sentenced to life imprisonment, plus fifteen years for a firearm enhancement. The Supreme Court affirmed the convictions and sentence, holding (1)…
Date: December 4, 2014
Citation: 2014 Ark. 502
Docket Number: CR-14-158
Date: December 4, 2014
Citation: 2014 Ark. 501
Docket Number: CV-14-12
Date: December 4, 2014
Citation: 2014 Ark. 499
Docket Number: CV-14-189
Justia Opinion Summary: Plaintiff filed suit against Defendant alleging that Defendant had published numerous defamatory statements about him on certain websites. Plaintiff later filed a motion for default judgment, contending that he was…
Date: December 4, 2014
Citation: 2014 Ark. 503
Docket Number: CV-14-656
Justia Opinion Summary: Appellant filed a pro se petition for writ of habeas corpus, contending that the evidence was insufficient to sustain his criminal conviction, the prosecutor committed misconduct at trial, he was denied his right to a…
Date: December 4, 2014
Citation: 2014 Ark. 504
Docket Number: CV-14-924
Justia Opinion Summary: After a jury trial, Appellant was found guilty of capital murder, residential burglary, and theft of property. Appellant was sentenced to life without parole for capital murder. The Supreme Court affirmed. Appellant…
Date: November 20, 2014
Citation: 2014 Ark. 488
Docket Number: CR-14-14
Justia Opinion Summary: An Ashley County jury found Appellant guilty of rape. The judge orally pronounced sentence on Appellant in the Ashley County Circuit Court, but the judgment-and-commitment order was mistakenly filed in Drew County. On…
Date: November 20, 2014
Citation: 2014 Ark. 487
Docket Number: CR-14-380
Justia Opinion Summary: The State charged Robert Friar with one count of capital murder, among other criminal offenses. If Friar was found guilty, the State intended to seek the death penalty. The State filed a motion for an order for a…
Date: November 20, 2014
Citation: 2014 Ark. 492
Docket Number: CR-14-727
Justia Opinion Summary: Petitioner was convicted of aggravated robbery. Petitioner later filed a timely petition for postconviction relief under Ark. R. Crim. P. 37.1. The trial court dismissed the petition on the basis that it had not been…
Date: November 20, 2014
Citation: 2014 Ark. 493
Docket Number: CR-14-847
Justia Opinion Summary: In 1998, Appellant pleaded guilty to multiple felony offenses and was sentenced to an aggregate term of life imprisonment without parole. Thereafter, Appellant filed a petition for postconviction relief pursuant to Ark.…
Date: November 20, 2014
Citation: 2014 Ark. 490
Docket Number: CR-14-921
Justia Opinion Summary: Appellant, by and through his attorney, N. Mark Klappenbach, filed a motion for rule on clerk with the Supreme Court seeking to appeal a sentencing order revoking his suspended sentence for possession of a controlled…
Date: November 20, 2014
Citation: 2014 Ark. 491
Docket Number: CR-82-120
Justia Opinion Summary: In 1982, Petitioner was found guilty of first-degree murder and sentenced to life in prison. The judgment was affirmed on appeal. Now before the Supreme Court was Petitioner’s pro se motion to reinvest jurisdiction in…
Date: November 20, 2014
Citation: 2014 Ark. 484
Docket Number: CV-13-779
Justia Opinion Summary: BCC Construction, LLC (“BCC”) hired Sweet’s Contracting, Inc. (“SCI”) to perform work on a construction project. The parties entered into a subcontract that contained a pay-if-paid clause. After a dispute arose regarding…
Date: November 20, 2014
Citation: 2014 Ark. 489
Docket Number: CV-14-482
Justia Opinion Summary: Appellant entered a plea of nolo contendere to rape and residential burglary and was sentenced to an aggregate sentence of 180 months’ imprisonment. Two years later, Appellant filed a pro se petition for declaratory…
Date: November 20, 2014
Citation: 2014 Ark. 486
Docket Number: CV-14-576
Justia Opinion Summary: Deer/Mt. Judea School District (“Deer/Mt. Judea”) filed a complaint on its own behalf and on behalf of its students and taxpayers, alleging that the State had illegally and unconstitutionally failed to provide adequate…
Date: November 20, 2014
Citation: 2014 Ark. 494
Docket Number: CV-14-799
Justia Opinion Summary: In 2008, Appellant was convicted of rape. In 2014, Appellant, who was incarcerated, filed a pro se petition for writ of habeas corpus, arguing, among other things, that while the offense for which he was convicted…
Date: November 20, 2014
Citation: 2014 Ark. 498
Docket Number: CV-14-987
Date: November 19, 2014
Citation: 2014 Ark. 80
Docket Number: CV-14-942
Justia Opinion Summary: Prior to March 2014, Appellant filed for re-election as a candidate for Justice of the Peace and subsequently filed for re-election as a candidate for the office of Helena-West Helena City Treasurer. Appellee filed a…
Date: November 19, 2014
Citation: 2014 Ark. 480
Docket Number: CV-14-942
Date: November 13, 2014
Citation: 2014 Ark. 477
Docket Number: CR-05-1170
Justia Opinion Summary: After a jury trial, Petitioner was found guilty of aggravated robbery and sentenced to 240 months’ imprisonment. The court of appeals affirmed. Petitioner filed a pro se petition in the Supreme Court requesting that…
Date: November 13, 2014
Citation: 2014 Ark. 474
Docket Number: CR-13-752
Justia Opinion Summary: Appellant entered a negotiated plea of guilty in one case to fleeing on foot and possession of methamphetamine and to residential burglary and robbery in another case. Appellant subsequently filed a pro se petition and…
Date: November 13, 2014
Citation: 2014 Ark. 478
Docket Number: CR-14-290
Justia Opinion Summary: In 2012, Appellant entered a negotiated plea of guilty to charges of felony theft of property and criminal mischief. In 2013, Appellant entered a negotiated guilty plea to violation of his probation and to failing to…
Date: November 13, 2014
Citation: 2014 Ark. 476
Docket Number: CR-14-49
Date: November 13, 2014
Citation: 2014 Ark. 475
Docket Number: CR-14-92
Justia Opinion Summary: Appellant, who was incarcerated at a unit of the Arkansas Department of Correction (ADC) located in Pulaski County, filed a pro se petition for writ of habeas corpus in the Pulaski County Circuit Court seeking release…
Date: November 13, 2014
Citation: 2014 Ark. 469
Docket Number: CV-13-986
Justia Opinion Summary: Appellant, as the special administrator of the Estate of Robert Nash, filed a wrongful-death suit against Dr. Victor Williams alleging that Dr. Williams placed a nasogastric tube against Nash’s express wishes and that he…
Date: November 13, 2014
Citation: 2014 Ark. 469
Docket Number: CV-13-986
Date: November 13, 2014
Citation: 2014 Ark. 471
Docket Number: CV-14-612
Justia Opinion Summary: Upon Mother’s arrest on drug-related charges, the circuit court declared that C.N. was dependent-neglected and awarded Father permanent custody of C.N. The Supreme Court reversed and remanded, directing the circuit court…
Date: November 6, 2014
Citation: 2014 Ark. 466
Docket Number: CR-03-1181
Justia Opinion Summary: After a jury trial, Petitioner was found guilty of capital murder and battery in the first degree. The Supreme Court affirmed. Petitioner later filed a petition for postconviction relief, which the trial court denied.…
Date: November 6, 2014
Citation: 2014 Ark. 462
Docket Number: CR-13-1135
Justia Opinion Summary: After a jury trial, Appellant was found guilty of two counts of raping his seven-year-old stepdaughter. After the mandate issued, Appellant filed a pro se petition for postconviction relief pursuant to Ark. R. Crim. P.…
Date: November 6, 2014
Citation: 2014 Ark. 463
Docket Number: CV-13-1026
Justia Opinion Summary: After a jury trial in 1988, Appellant was convicted of capital murder. Appellant was sentenced to life imprisonment without parole on the murder charge. In 2012, Appellant filed a pro se petition for writ of habeas…
Date: November 6, 2014
Citation: 2014 Ark. 458
Docket Number: CV-14-264
Date: November 6, 2014
Citation: 2014 Ark. 460
Docket Number: CV-14-291
Justia Opinion Summary: This lawsuit, which returned to the Supreme Court for a third time, stemmed from the contracts and payments for services in delivering produce. The parties included Hotfoot Logistics, LLC (Hotfoot), a freight property…
Date: November 6, 2014
Citation: 2014 Ark. 461
Docket Number: CV-14-311
Justia Opinion Summary: Appellees entered into a contract for Hurt-Hoover Investments, LLC to purchase Appellees’ interest in a limited liability company. Hurt-Hoover executed individual promissory notes to each appellee for payment of the…
Date: November 6, 2014
Citation: 2014 Ark. 467
Docket Numbers: CV-14-643, CV-14-643
Justia Opinion Summary: In 2013, the State field a petition pursuant to the State Prison Inmate Care and Custody Reimbursement Act seeking funds held in Appellant’s inmate account as reimbursement for a portion of the cost of housing Appellant…
Date: November 6, 2014
Citation: 2014 Ark. 457
Docket Number: CV-14-264
Justia Opinion Summary: Appellee filed a petition for an order of protection on behalf of his son against Appellant, the child’s mother. After a hearing, the trial court entered an order of protection against Appellant. Appellant subsequently…
Date: November 6, 2014
Citation: 2014 Ark. 464
Docket Number: CV-14-901
Date: November 6, 2014
Citation: 2014 Ark. 468
Docket Number: CV-14-914
Justia Opinion Summary: Appellant’s attorney, Jeffrey Kearney, failed to timely file a notice of appeal from the circuit court’s order terminating Appellant’s parental rights. Appellant, by and through her attorney, brought this motion for rule…
Date: October 31, 2014
Citation: 2014 Ark. 457
Docket Number: CV-14-827
Justia Opinion Summary: Our Community, Our Dollars filed a local-option petition with the county clerk, who certified that the proposal attained the requisite number of signatures required for the proposal to be placed on the ballot for the…
Date: October 30, 2014
Citation: 2014 Ark. 456
Date: October 30, 2014
Citation: 2014 Ark. 452
Docket Number: CR-03-905
Justia Opinion Summary: After a jury trial, Petitioner was found guilty of rape of a person less than fourteen years old and two counts of sexual assault in the first degree. Petitioner was sentenced to life imprisonment on the rape charge. Now…
Date: October 30, 2014
Citation: 2014 Ark. 453
Docket Number: CR-08-1207
Justia Opinion Summary: After a jury trial, Petitioner was found guilty of first-degree murder and sentenced to 420 months’ imprisonment. The court of appeals affirmed. Petitioner later filed a pro se petition seeking to reinvest jurisdiction…
Date: October 30, 2014
Citation: 2014 Ark. 448
Docket Number: CR-13-1112
Justia Opinion Summary: After a jury trial, Appellant was convicted of capital murder and sentenced to life imprisonment without parole. The judgment was affirmed on appeal. Appellant subsequently filed an amended pro se petition for…
Date: October 30, 2014
Citation: 2014 Ark. 445
Docket Number: CR-13-294
Justia Opinion Summary: In 2001, Appellant was sentenced on each of three controlled-substance offenses, and in 2007, Appellant was sentenced on each of three controlled-substance offenses. In 2010, the State petitioned to revoke Appellant’s…
Date: October 30, 2014
Citation: 2014 Ark. 446
Docket Number: CR-13-951
Justia Opinion Summary: After a jury trial, Appellant was convicted of delivery of cocaine. The court of appeals affirmed the conviction. Appellant subsequently filed an Ark. R. Crim. P. 37.1 petition, raising several allegations of ineffective…
Date: October 30, 2014
Citation: 2014 Ark. 447
Docket Number: CR-14-248
Justia Opinion Summary: After a jury trial, Appellant was convicted of kidnapping. Appellant was sentenced to life imprisonment. Appellant filed a motion for new trial based on juror misconduct, alleging that a certain juror had used her cell…
Date: October 30, 2014
Citation: 2014 Ark. 443
Docket Number: CR-14-345
Justia Opinion Summary: Defendant was charged with drug and firearm offenses. Defendant filed a motion to suppress the items discovered during a search of his person and his minivan. The circuit court granted the motion after a hearing. The…
Date: October 30, 2014
Citation: 2014 Ark. 454
Docket Number: CR-14-99
Justia Opinion Summary: Petitioner was convicted of capital murder and sentenced to life imprisonment without parole. Petitioner later filed a habeas petition seeking scientific testing of certain evidence. On April 11, 2013, the circuit court…
Date: October 30, 2014
Citation: 2014 Ark. 451
Docket Numbers: CR-91-279, CR-91-293
Justia Opinion Summary: Appellant was charged with three counts of rape and one count of burglary. The counts were severed for trial. In the first trial, Appellant was convicted of two counts of rape. In the second trial, Appellant was…
Date: October 30, 2014
Citation: 2014 Ark. 449
Docket Number: CV-13-1052
Justia Opinion Summary: Appellant, an inmate of the Arkansas Department of Correction, was found guilty of capital murder in the stabbing death of a fellow inmate. Appellant filed a pro se petition for writ of habeas corpus, arguing that the…
Date: October 30, 2014
Citation: 2014 Ark. 444
Docket Number: CV-14-85
Justia Opinion Summary: Shelley Kane, a resident of Texas, filed for emergency temporary guardianship of T.S., her minor niece, citing the declining health of Lois Swenson, the adoptive mother of T.S. The circuit court appointed Kane as…
Date: October 30, 2014
Citation: 2014 Ark. 450
Docket Number: CV-14-855
Date: October 27, 2014
Citation: 2014 Ark. 442
Docket Number: CV-14-806
Justia Opinion Summary: On August 21, 2014, the Secretary of State certified a proposed initiated act known as “An Act to Increase the Arkansas Minimum Wage” to the county boards of election commissioners and advised the county boards that the…
Date: October 23, 2014
Citation: 2014 Ark. 433
Docket Number: CR-13-1074
Justia Opinion Summary: After a jury trial, Appellant was found guilty of eleven counts of rape and one charge of interference with custody. The charges stemmed from Appellant’s conduct with two female minors. The Supreme Court affirmed…
Date: October 23, 2014
Citation: 2014 Ark. 435
Docket Number: CR-13-438
Justia Opinion Summary: Appellant was convicted of murder in the first degree and other crimes and was sentenced as a habitual offender to a total term of life imprisonment. After a notice of appeal was filed the Supreme Court granted…
Date: October 23, 2014
Citation: 2014 Ark. 434
Docket Number: CR-13-680
Justia Opinion Summary: After a jury trial, Defendant was convicted of one count of delivery of cocaine. Defendant was sentenced as a habitual offender to 480 months’ imprisonment. Appellant subsequently filed a pro se petition for…
Date: October 23, 2014
Citation: 2014 Ark. 439
Docket Number: CR-14-686
Justia Opinion Summary: In 2005, Appellant pleaded guilty to the sale or delivery of a controlled substance. Appellant was sentenced to a term of imprisonment and an additional suspended sentence. In 2012, Appellant pleaded guilty to having…
Date: October 23, 2014
Citation: 2014 Ark. 440
Docket Number: CR-14-792
Justia Opinion Summary: After a jury trial, Petitioner was found guilty of attempted rape and two counts of sexual assault in the second degree. The convictions were affirmed on appeal. Petitioner later filed a pro se petition for…
Date: October 23, 2014
Citation: 2014 Ark. 437
Docket Number: CR-14-833
Date: October 23, 2014
Citation: 2014 Ark. 441
Docket Number: CV-13-115
Justia Opinion Summary: Appellant entered a negotiated plea of guilty to one count of first-degree murder and four counts of aggravated robbery. Appellant was sentenced to life imprisonment for each of the charges. The sentencing orders in…
Date: October 23, 2014
Citation: 2014 Ark. 432
Docket Number: CV-14-137
Justia Opinion Summary: Appellee, a construction company, filed a complaint for declaratory judgment against Appellants, the Arkansas State Claims Commission, the General Assembly’s Claims Review Subcommittee, the General Assembly’s Joint…
Date: October 23, 2014
Citation: 2014 Ark. 431
Docket Number: CV-14-391
Justia Opinion Summary: Appellee, the current Pine Bluff mayor, filed a complaint seeking a declaratory judgment that she held the office of mayor through 2016 and a writ of mandamus to prohibit Appellants - the Jefferson County Election…
Date: October 16, 2014
Citation: 2014 Ark. 429
Docket Number: CV-14-753
Justia Opinion Summary: Petitioners, acting individually and on behalf of a ballot-question committee, filed this original action challenging the timeliness and sufficiency for an initiative petition for a proposed constitutional amendment with…
Date: October 15, 2014
Citation: 2014 Ark. 427
Docket Number: CV-14-462
Justia Opinion Summary: After the General Assembly passed Act 595 of 2013, Appellees, registered voters in Pulaski County, filed a complaint for injunctive and declaratory relief, arguing that sections of the Act that allegedly placed an…
Date: October 9, 2014
Citation: 2014 Ark. 413
Docket Number: CR-13-1067
Justia Opinion Summary: Appellant was convicted of the offense of failure to appear and sentenced to seven years' imprisonment. On appeal, Appellant argued that there was insufficient evidence to support his conviction because he had not yet…
Date: October 9, 2014
Citation: 2014 Ark. 417
Docket Number: CR-13-125
Justia Opinion Summary: Appellant pleaded guilty to two counts of conspiracy to deliver a controlled substance. The State later conceded that the sentence was illegal on its face inasmuch as the sentence imposed for each of the two offenses…
Date: October 9, 2014
Citation: 2014 Ark. 418
Docket Number: CR-13-293
Justia Opinion Summary: Appellant pleaded guilty to eight counts of aggravated robbery and other crimes. Appellant later filed a pro se petition for writ of habeas corpus pursuant to Act 1780 of 2001, contending that there was new scientific…
Date: October 9, 2014
Citation: 2014 Ark. 419
Docket Number: CR-13-971
Justia Opinion Summary: After a jury trial, Appellant was found guilty of the rape of twenty-three-year-old J.H., who was incapable of consent by virtue of her mental age of six or seven years. Appellant was sentenced to 840 months’…
Date: October 9, 2014
Citation: 2014 Ark. 416
Docket Number: CR-14-347
Justia Opinion Summary: After a jury trial, Appellant was convicted of capital murder, aggravated residential burglary, kidnapping, and rape. Appellant was sentenced to life without parole for the capital murder conviction. On appeal, Appellant…
Date: October 9, 2014
Citation: 2014 Ark. 415
Docket Number: CR-14-59
Justia Opinion Summary: After a jury trial, Appellant was found guilty of aggravated robbery and theft of property. The total sentence imposed was life imprisonment. On appeal, Appellant argued that the trial court erred in denying his…
Date: October 9, 2014
Citation: 2014 Ark. 426
Docket Number: CR-14-700
Justia Opinion Summary: Petitioner, an inmate, filed a pro se motion to dismiss and vacate a sentence. The circuit court denied the motion. Petitioner subsequently filed a timely notice of appeal and tendered a partial record to the Supreme…
Date: October 9, 2014
Citation: 2014 Ark. 422
Docket Number: CR-14-761
Justia Opinion Summary: Appellant, by and through his attorney, John Irwin, filed a motion for rule on clerk and a motion to be relieved as counsel. Irwin, a full-time, state-salaried public defender, stated in his motion for rule on clerk that…
Date: October 9, 2014
Citation: 2014 Ark. 424
Docket Number: CR-14-818
Date: October 9, 2014
Citation: 2014 Ark. 412
Docket Number: CV-13-1037
Justia Opinion Summary: Following a motor vehicle accident, Plaintiff filed a negligence suit against Defendant. Because he was serving on active duty at the time of the suit, Defendant requested a stay of the proceedings. The circuit court…
Date: October 9, 2014
Citation: 2014 Ark. 420
Docket Number: CV-13-114
Justia Opinion Summary: In 1994, Appellant was found guilty in two separate cases of capital murder and first-degree murder. Appellant was sentenced to life imprisonment for the capital-murder conviction. In 2012, Appellant filed a pleading…
Date: October 9, 2014
Citation: 2014 Ark. 421
Docket Number: CV-13-893
Justia Opinion Summary: Appellant was convicted of manufacture of a controlled substance, simultaneous possession of drugs and firearms, possession of a controlled substance with intent to deliver, and possession of drug paraphernalia.…
Date: October 9, 2014
Citation: 2014 Ark. 425
Docket Number: CV-14-786
Date: October 2, 2014
Citation: 2014 Ark. 403
Docket Number: CR-13-698
Justia Opinion Summary: After a bench trial, the circuit court convicted Appellant of thirty-eight counts of distributing, possessing, or viewing matter depicting sexually explicit conduct involving a child. On appeal, Appellant argued that the…
Date: October 2, 2014
Citation: 2014 Ark. 406
Docket Number: CR-14-4
Justia Opinion Summary: After a jury trial, Appellant was found guilty of capital murder and aggravated robbery and sentenced to life imprisonment without parole for the capital murder conviction. The Supreme Court affirmed the convictions and…
Date: October 2, 2014
Citation: 2014 Ark. 410
Docket Number: CR-14-783
Justia Opinion Summary: Appellant, by and through his attorney John R. Irwin, filed a motion for rule on clerk and a motion to be relieved as counsel. In his motion for rule on clerk Irwin claimed that the clerk refused to file the untimely…
Date: October 2, 2014
Citation: 2014 Ark. 407
Docket Number: CV-13-26
Justia Opinion Summary: After a jury trial, Appellant was convicted of first-degree battery and aggravated robbery. The Supreme Court reversed and remanded for a new trial. On retrial, Appellant was again convicted of the crimes charged. Almost…
Date: October 2, 2014
Citation: 2014 Ark. 405
Docket Number: CV-13-499
Justia Opinion Summary: In 1978, Appellant entered negotiated pleas of guilty in circuit court to one count of first-degree murder, four counts of aggravated robbery, and one count of first-degree battery. Appellant received concurrent…
Date: October 2, 2014
Citation: 2014 Ark. 408
Docket Number: CV-13-954
Justia Opinion Summary: Appellant was found guilty of sexual assault in the second degree and rape and sentenced to an aggregate term of 720 months’ imprisonment. Appellant later filed a pro se petition for writ of habeas corpus, alleging that…
Date: October 2, 2014
Citation: 2014 Ark. 411
Docket Number: CV-14-690
Justia Opinion Summary: Petitioner, an inmate incarcerated in the Arkansas Department of Correction, filed a petition seeking a writ of habeas corpus. The circuit court denied the petition for habeas relief. Petitioner failed to file a timely…
Date: September 25, 2014
Citation: 2014 Ark. 384
Docket Number: CR-10-53
Justia Opinion Summary: Appellant was convicted of capital murder and aggravated robbery. Appellant was sentenced to death and life imprisonment, respectively. The Supreme Court affirmed on appeal. Appellant then filed a petition for…
Date: September 25, 2014
Citation: 2014 Ark. 393
Docket Number: CR-12-533
Justia Opinion Summary: After a jury trial, Appellant was found guilty of first-degree battery, being a felon in possession of a firearm, and use of a firearm in commission of a felony. The court of appeals affirmed. Appellant subsequently…
Date: September 25, 2014
Citation: 2014 Ark. 397
Docket Number: CR-13-1006
Justia Opinion Summary: Appellant was convicted on three counts of aggravated robbery and one count of theft of property, including firearm enhancements, and was sentenced as a habitual offender to a total term of imprisonment for life.…
Date: September 25, 2014
Citation: 2014 Ark. 394
Docket Number: CR-13-750
Justia Opinion Summary: Appellant pleaded guilty to three counts of rape and one count of first-degree sexual abuse. Appellant was sentenced to an aggregate term of 480 months’ imprisonment for the rape convictions and 120 months’ imprisonment…
Date: September 25, 2014
Citation: 2014 Ark. 387
Docket Number: CR-13-992
Justia Opinion Summary: Appellant was convicted of two counts of capital murder and sentenced to death. The Supreme Court affirmed the convictions and sentence on appeal. Appellant subsequently filed a Rule 37.5 petition for postconviction…
Date: September 25, 2014
Citation: 2014 Ark. 391
Docket Number: CR-14-145
Justia Opinion Summary: Appellant was convicted of first-degree murder, two counts of aggravated robbery, and aggravated assault. On appeal, Appellant argued that the circuit court abused its discretion in granting the State’s motion to exclude…
Date: September 25, 2014
Citation: 2014 Ark. 399
Docket Number: CR-14-546
Justia Opinion Summary: Appellant was convicted of two counts of capital murder and two counts of aggravated robbery. Appellant was sentenced to two sentences of life imprisonment without parole for the capital murders and two sentences of life…
Date: September 25, 2014
Citation: 2014 Ark. 398
Docket Number: CR-95-1039
Justia Opinion Summary: Petitioner was found guilty of capital murder and sentenced to life imprisonment without parole. In his pro se petition to reinvest jurisdiction in the trial court to consider a petition for writ of error coram nobis,…
Date: September 25, 2014
Citation: 2014 Ark. 388
Docket Number: CV-13-1051
Justia Opinion Summary: Petitioner, as a representative of a constitutional class-action of citizen-taxpayers of the State, brought a case against Takeda Pharmaceuticals U.S.A. and related companies (collectively, Respondents), alleging that an…
Date: September 25, 2014
Citation: 2014 Ark. 395
Docket Number: CV-13-763
Justia Opinion Summary: Appellant entered a plea of guilty to rape and was sentenced as a habitual offender to 720 months’ imprisonment. Appellant later filed a pro se petition for declaratory judgment and for writ of mandamus against the…
Date: September 25, 2014
Citation: 2014 Ark. 385
Docket Number: CV-13-87
Justia Opinion Summary: Appellant entered into a contract with Appellee specifying that Appellee would provide Appellant with software development services. Appellant later terminated the parties’ contract based on its alleged belief that three…
Date: September 25, 2014
Citation: 2014 Ark. 396
Docket Number: CV-13-956
Justia Opinion Summary: Appellant pleaded guilty to one count of delivery of a controlled substance and two counts of possession of a controlled substance with intent to deliver. Appellant was sentenced to a total of 300 months’ imprisonment…
Date: September 25, 2014
Citation: 2014 Ark. 390
Docket Number: CV-13-962
Justia Opinion Summary: Anita Cooper, who was employed as principal of the Oark, Arkansas schools, was removed from her duties as principal. The Superintendent of the Jasper School District No. 1 of Newton County listed nine reasons as bases…
Date: September 25, 2014
Citation: 2014 Ark. 400
Docket Number: CV-14-335
Justia Opinion Summary: Appellant was convicted of rape and incest. Ten years later, Appellant filed a petition for writ of habeas corpus, alleging (1) he never gave permission to “dismiss or waive” a jury trial; (2) Ark. R. Crim. P. 24.3-24.7…
Date: September 25, 2014
Citation: 2014 Ark. 402
Docket Number: CV-14-806
Date: September 18, 2014
Citation: 2014 Ark. 383
Date: September 18, 2014
Citation: 2014 Ark. 380
Docket Number: CR-13-1016
Justia Opinion Summary: In 2010, Appellant was found guilty of first-degree unlawful discharge of a firearm from a vehicle and sentenced to life imprisonment. Appellant subsequently filed a petition for postconviction relief pursuant to Ark. R.…
Date: September 18, 2014
Citation: 2014 Ark. 381
Docket Number: CR-13-721
Justia Opinion Summary: Appellant was convicted of two counts of capital murder as well as firearm enhancements. Appellant was sentenced to two life sentences. Appellant appealed, alleging five claims of error. The Supreme Court declined to…
Date: September 18, 2014
Citation: 2014 Ark. 379
Docket Number: CR-13-751
Justia Opinion Summary: Appellant entered a plea of guilty to three counts of rape and was sentenced to three consecutive terms of life imprisonment. Appellant subsequently filed in the trial court a petition for writ of error coram nobis,…
Date: September 18, 2014
Citation: 2014 Ark. 382
Docket Number: CR-14-534
Justia Opinion Summary: Appellant was found guilty of multiple felony offenses. The court of appeals affirmed. Sixty-two days after the mandate on affirmance of the judgment had been issued, Appellant filed a pro se request for postconviction…
Date: September 18, 2014
Citation: 2014 Ark. 377
Docket Number: CV-13-1048
Justia Opinion Summary: William Curtis was injured when Michael Lemna drove a golf cart over a retaining wall during a game of golf scheduled as part of a sales meeting in Arkansas. Both Curtis and Lemna were employees of Dial Corporation…
Date: September 18, 2014
Citation: 2014 Ark. 375
Docket Number: CV-13-995
Justia Opinion Summary: Appellee, Peter Rosenow, brought a class-action complaint individually and on behalf of similarly situated persons against Appellants, Alltel Corporation and Alltel Communications, Inc. (collectively, Alltel), alleging…
Date: September 11, 2014
Citation: 2014 Ark. 370
Docket Number: CR-04-18
Justia Opinion Summary: After a jury trial, Petitioner was found guilty of residential burglary, aggravated robbery, and first-degree battery. The court of appeals affirmed. Petitioner subsequently filed a pro se petition requesting permission…
Date: September 11, 2014
Citation: 2014 Ark. 364
Docket Number: CR-13-239
Justia Opinion Summary: In 2009, judgment was entered reflecting that Appellant had entered a negotiated plea of nolo contendere to fourteen felony offenses. In 2012, Appellant filed a pro se petition to correct an illegal sentence pursuant to…
Date: September 11, 2014
Citation: 2014 Ark. 365
Docket Number: CR-13-670
Justia Opinion Summary: In 1986, Appellant pleaded guilty to rape and kidnapping charges in two separate cases. Appellant was sentenced to life imprisonment for rape in each of the cases. In 2013, Appellant filed a pro se petition for writ of…
Date: September 11, 2014
Citation: 2014 Ark. 373
Docket Number: CR-13-927
Date: September 11, 2014
Citation: 2014 Ark. 371
Docket Number: CR-14-464
Justia Opinion Summary: Appellant entered a negotiated plea of guilty to the charge of rape and was sentenced to 216 months’ imprisonment with an additional suspended imposition of eighty-four months’ imprisonment. More than one year after the…
Date: September 11, 2014
Citation: 2014 Ark. 362
Docket Number: CR-14-94
Justia Opinion Summary: Derrick Thomas was charged with second-degree battery and second-degree assault for an incident at the Arkansas State Hospital, where Thomas had been committed for a mental evaluation in a separate criminal case in which…
Date: September 11, 2014
Citation: 2014 Ark. 367
Docket Number: CR-91-206
Justia Opinion Summary: After a jury trial in 1991, Petitioner was found guilty of capital murder and sentenced to life imprisonment without parole. The Supreme Court affirmed. Petitioner later filed a pro se petition in the Supreme Court…
Date: September 11, 2014
Citation: 2014 Ark. 368
Docket Number: CR-95-1042
Justia Opinion Summary: Petitioner was convicted of capital murder and sentenced to life imprisonment without parole. Petitioner later filed a pro se petition seeking to have jurisdiction reinvested in the trial court to consider a petition for…
Date: September 11, 2014
Citation: 2014 Ark. 369
Docket Number: CR-96-514
Date: September 11, 2014
Citation: 2014 Ark. 361
Docket Number: CV-14-37
Justia Opinion Summary: Shirley Henry, as special administrator of the Estate of Lucill Betncourt, filed a complaint against a nursing-home facility (Woodland Hills) asserting, among other claims, negligence, medical malpractice, and violations…
Date: September 11, 2014
Citation: 2014 Ark. 363
Docket Number: CV-14-45
Justia Opinion Summary: Cavalry SPV I, LLC (Cavalry) purchased Patty Simpson’s delinquent credit card account and retained the McHughes Law Firm (McHughes) to collect on the delinquent account. McHughes, on behalf of Cavalry, commenced an…
Date: September 11, 2014
Citation: 2014 Ark. 366
Docket Number: D-14-671
Justia Opinion Summary: A complaint was filed with the Arkansas Judicial Discipline and Disability Commission concerning certain comments made in a public electronic forum. Judge Michael Maggio, a circuit judge, admitted that he was the author…
Date: September 4, 2014
Citation: 2014 Ark. 348
Docket Number: CR-03-1294
Justia Opinion Summary: In 2003, Petitioner was found guilty of the rape of a child. The court of appeals affirmed the conviction and sentence. Petitioner later filed a petition in the Supreme Court requesting that jurisdiction be reinvested…
Date: September 4, 2014
Citation: 2014 Ark. 347
Docket Number: CR-03-800
Justia Opinion Summary: Petitioner was convicted of first-degree murder and sentenced to life imprisonment. The Supreme Court affirmed the judgment. Petitioner subsequently filed several petitions requesting the Supreme Court to reinvest…
Date: September 4, 2014
Citation: 2014 Ark. 345
Docket Number: CR-13-214
Justia Opinion Summary: Appellant was found guilty of rape and sentenced to life imprisonment. Appellant subsequently filed a pro se petition for postconviction relief pursuant to Ark. R. Crim. P. 37.1, alleging that his trial counsel provided…
Date: September 4, 2014
Citation: 2014 Ark. 349
Docket Number: CR-14-341
Justia Opinion Summary: In 2013, Appellant pled guilty to several offenses. Appellant subsequently filed a pro se motion for transcript and a pro se petition for postconviction relief pursuant to Ark. R. Crim. P. 37.1. Appellant's motion for…
Date: September 4, 2014
Citation: 2014 Ark. 350
Docket Number: CR-14-362
Justia Opinion Summary: After a jury trial, Appellant was found guilty of capital murder for the death of his twenty-three-month-old son. Appellant was sentenced to life imprisonment without parole. The Supreme Court affirmed. Appellant…
Date: September 4, 2014
Citation: 2014 Ark. 351
Docket Number: CR-14-399
Justia Opinion Summary: In 2007, Appellant was found guilty of two counts of possession of a controlled substance with intent to deliver and sentenced as a habitual offender. The court of appeals affirmed. In 2010, Appellant filed a pro se…
Date: September 4, 2014
Citation: 2014 Ark. 352
Docket Number: CR-14-477
Justia Opinion Summary: After a jury trial, Appellant was found guilty of attempted first-degree murder, committing a terroristic act, and being a felon in possession of a firearm. Appellant later filed a pro se “Motion for Nunc Pro Tunc Order”…
Date: September 4, 2014
Citation: 2014 Ark. 353
Docket Number: CR-14-537
Justia Opinion Summary: Petitioner pleaded guilty to aggravated robbery. Thereafter, Petitioner filed a timely pro se petition for postconviction relief, alleging ineffective assistance of counsel. The petition was denied. Petitioner…
Date: September 4, 2014
Citation: 2014 Ark. 354
Docket Number: CR-14-586
Date: September 4, 2014
Citation: 2014 Ark. 355
Docket Number: CR-14-605
Justia Opinion Summary: Petitioner filed a petition for postconviction relief pursuant to Ark. R. Crim. P. 37.1. The circuit court denied the petition. Petitioner subsequently filed a motion for modification of the order denying relief.…
Date: September 4, 2014
Citation: 2014 Ark. 356
Docket Number: CV-13-115
Justia Opinion Summary: In 1978, Appellant pleaded guilty to first-degree murder, four counts of aggravated robbery, and first-degree battery. Appellant received concurrent sentences of life imprisonment for the charge of murder and each of the…
Date: September 4, 2014
Citation: 2014 Ark. 346
Docket Number: CV-13-801
Justia Opinion Summary: After a jury trial, Appellant was found guilty of capital murder and aggravated robbery and was sentenced to an aggregate term of life imprisonment without parole. Appellant later filed a pro se petition for writ of…
Date: August 7, 2014
Citation: 2014 Ark. 340
Date: August 7, 2014
Citation: 2014 Ark. 343
Date: August 7, 2014
Citation: 2014 Ark. 344
Date: July 31, 2014
Citation: 2014 Ark. 332
Docket Number: CR-00-587
Justia Opinion Summary: In 1999, a jury found Petitioner guilty of a residential burglary and rape. Petitioner was sentenced as a habitual offender to an aggregate sentence of 900 months’ imprisonment. The court of appeals affirmed. Petitioner…
Date: July 31, 2014
Citation: 2014 Ark. 322
Docket Number: CR-13-131
Justia Opinion Summary: After a jury trial, Appellant was convicted of capital murder and aggravated robbery and sentenced to life imprisonment without parole. The Supreme Court affirmed. Sixteen years after the judgment had been entered,…
Date: July 31, 2014
Citation: 2014 Ark. 323
Docket Number: CR-13-167
Justia Opinion Summary: After a jury trial in 2011, Appellant was found guilty of murder in the first degree and possession of a firearm by a felon. The court of appeals affirmed the judgment. Appellant subsequently filed a pro se petition for…
Date: July 31, 2014
Citation: 2014 Ark. 321
Docket Number: CR-13-28
Justia Opinion Summary: Appellant entered a negotiated plea of guilty to a charge of theft of property and received a sentence of a term of imprisonment and sixty months’ probation. Appellant later violated the terms of his probation, and the…
Date: July 31, 2014
Citation: 2014 Ark. 324
Docket Number: CR-13-476
Justia Opinion Summary: After a jury trial, Appellant was found guilty of aggravated robbery and theft of property. Appellant was sentenced to 180 months’ imprisonment and a fine of $1000. No appeal was taken. Eight years later, Appellant filed…
Date: July 31, 2014
Citation: 2014 Ark. 325
Docket Number: CR-13-504
Justia Opinion Summary: After a jury trial in 1998, Appellant was found guilty of rape and sentenced to 300 months’ imprisonment. The court of appeals affirmed. In 2013, Appellant filed a pro se petition for writ of habeas corpus pursuant to…
Date: July 31, 2014
Citation: 2014 Ark. 326
Docket Number: CR-13-799
Justia Opinion Summary: After a jury trial in 2001, Appellant was found guilty of four counts of aggravated robbery, three counts of misdemeanor theft of property, and one count of felony theft of property. In 2013, Appellant filed a motion…
Date: July 31, 2014
Citation: 2014 Ark. 327
Docket Number: CR-13-906
Justia Opinion Summary: After a jury trial in 2011, Appellant was found guilty of attempted residential burglary and sentenced as a habitual offender to 360 months’ imprisonment. In 2013, Appellant filed a pro se petition for postconviction…
Date: July 31, 2014
Citation: 2014 Ark. 333
Docket Number: CR-14-274
Justia Opinion Summary: On August 5, 2013, Appellant entered a negotiated plea of guilty to first-degree murder. On November 15, 2013, Appellant filed a pro se petition for postconviction relief pursuant to Ark. R. Crim. P. 37.1. The trial…
Date: July 31, 2014
Citation: 2014 Ark. 334
Docket Number: CR-14-314
Justia Opinion Summary: After a jury trial, Appellant was found guilty of possession of cocaine with intent to deliver and possession of marijuana with intent to deliver. The court of appeals affirmed. Appellant sought postconviction relief…
Date: July 31, 2014
Citation: 2014 Ark. 336
Docket Number: CR-14-547
Justia Opinion Summary: In 2013, Petitioner entered a plea of guilty to battery in the first degree and endangering the welfare of a minor. Petitioner subsequently filed a motion requesting leave to proceed with a belated appeal from the…
Date: July 31, 2014
Citation: 2014 Ark. 330
Docket Number: CV-13-202
Date: July 31, 2014
Citation: 2014 Ark. 328
Docket Number: CV-13-50
Justia Opinion Summary: Appellant filed a pro se petition for writ of habeas corpus challenging the validity of a 2009 judgment-and-commitment order filed in the Crittenden County Circuit Court. Specifically, Appellant argued that a…
Date: July 31, 2014
Citation: 2014 Ark. 338
Docket Number: CV-14-439
Justia Opinion Summary: Petitioner, an inmate, filed a petition seeking to proceed in forma pauperis, stating that he wished to proceed as an indigent with a petition for declaratory judgment in a civil matter against the Director of the…
Date: July 31, 2014
Citation: 2014 Ark. 339
Docket Number: CV-14-485
Justia Opinion Summary: In 2013, Petitioner filed a pro se petition for writ of habeas corpus, which the circuit court denied. No appeal was taken. Petitioner subsequently sought leave to proceed with a belated appeal, contending that he did…
Date: June 26, 2014
Citation: 2014 Ark. 310
Docket Number: 30CR-08-131
Justia Opinion Summary: After a jury trial, Petitioner was found guilty of two counts each of attempted first-degree murder and first-degree battery. The court of appeals affirmed. Petitioner subsequently filed a pro se petition for…
Date: June 26, 2014
Citation: 2014 Ark. 311
Docket Number: CR-13-422
Justia Opinion Summary: Appellant filed a petition for writ of habeas corpus in the Crawford County Circuit Court. At the time he filed the petition, Appellant was in the custody of the Arkansas Department of Correction at the Ouachita River…
Date: June 26, 2014
Citation: 2014 Ark. 294
Docket Number: CR-13-686
Justia Opinion Summary: After a jury trial, Appellant was convicted of premeditated and deliberate capital murder and sentenced to life imprisonment without parole. The Supreme Court affirmed, holding (1) the circuit court did not abuse its…
Date: June 26, 2014
Citation: 2014 Ark. 303
Docket Number: CR-13-914
Justia Opinion Summary: After a jury trial, Appellant was found guilty of the lesser-included offense of second-degree murder and sentenced to a total of 780 months’ imprisonment, plus a $15,000 fine. On appeal, Appellant argued that the…
Date: June 26, 2014
Citation: 2014 Ark. 306
Docket Number: CR-13-927
Justia Opinion Summary: After a jury trial, Appellant was convicted of second-degree murder and sentenced to eighty years in prison. The court of appeals affirmed. Appellant subsequently filed a petition for postconviction relief pursuant to…
Date: June 26, 2014
Citation: 2014 Ark. 298
Docket Number: CR-13-991
Justia Opinion Summary: Appellant was charged with the capital murder of his two-year-old stepdaughter. After jury selection for Appellant’s trial began, the parties reached a plea agreement under which Appellant agreed to plead guilty to…
Date: June 26, 2014
Citation: 2014 Ark. 305
Docket Number: CR-14-242
Justia Opinion Summary: William James, an attorney, represented Joshua Hastings in a manslaughter trial. During the trial, the presiding judge found James of ten contempt violations. The trial ended in a mistrial. James subsequently filed a…
Date: June 26, 2014
Citation: 2014 Ark. 308
Docket Number: CR-14-268
Justia Opinion Summary: After a jury trial in 2002, Petitioner was found guilty of capital murder and sentenced to death. In 2014, the Supreme Court reversed and remanded for a new trial, concluding that the circuit court had erred in finding…
Date: June 26, 2014
Citation: 2014 Ark. 296
Docket Number: CR-94-358
Justia Opinion Summary: After a jury trial, Appellant was found guilty of capital murder and sentenced to death. The Supreme Court affirmed the conviction and sentence on appeal. Appellant then sought post-trial relief through a petition for…
Date: June 26, 2014
Citation: 2014 Ark. 314
Docket Number: CV-12-1060
Justia Opinion Summary: After a jury trial in 1994, Appellant was found guilty of several felonies and sentenced to an aggregate term of forty years in prison. The Supreme Court affirmed. In 2012, Appellant filed a pro se petition for writ of…
Date: June 26, 2014
Citation: 2014 Ark. 312
Docket Number: CV-12-728
Justia Opinion Summary: Appellant was convicted on two counts of capital murder and sentenced to life imprisonment. Appellant filed a petition for writ of habeas corpus setting forth a number of allegations or error. The circuit court dismissed…
Date: June 26, 2014
Citation: 2014 Ark. 313
Docket Number: CV-12-914
Justia Opinion Summary: In 2006, Appellant was found guilty of first-degree murder and sentenced to life imprisonment. In 2010, Appellant sent two letters to Thomas Deen, the prosecuting attorney, requesting that he permit the custodian of…
Date: June 26, 2014
Citation: 2014 Ark. 300
Docket Number: CV-13-1000
Justia Opinion Summary: In 2012, the circuit court entered two child-custody orders leaving primary custody of the parties’ two minor children with Mother but granting Father certain decision-making authority with regard to the children. The…
Date: June 26, 2014
Citation: 2014 Ark. 315
Docket Number: CV-13-429
Justia Opinion Summary: Appellant, an inmate at the Arkansas Department of Corrections (ADC), filed a pro se petition for declaratory judgment and for writ of mandamus challenging the calculation of his parole-eligibility date by the ADC.…
Date: June 26, 2014
Citation: 2014 Ark. 316
Docket Number: CV-14-261
Date: June 26, 2014
Citation: 2014 Ark. 309
Docket Number: CV-14-9
Justia Opinion Summary: Appellants filed a class action complaint alleging that the circuit court clerk falsely and fraudulently notarized oil-and-gas leases outside the presence of the landowners. The complaint requested an injunction and…
Date: June 26, 2014
Citation: 2014 Ark. 317
Docket Number: D-12-459
Date: June 19, 2014
Citation: 2014 Ark. 291
Date: June 19, 2014
Citation: 2014 Ark. 292
Date: June 19, 2014
Citation: 2014 Ark. 288
Docket Number: CR-08-408
Justia Opinion Summary: In 2007, Petitioner was found guilty of two counts of aggravated robbery, two counts of theft of property, and one count of second-degree battery and was sentenced to an aggregate term of 660 months. Petitioner here…
Date: June 19, 2014
Citation: 2014 Ark. 289
Docket Number: CR-12-1044
Justia Opinion Summary: Appellant entered a negotiated plea of guilty to first-degree murder and possession of firearms by a certain person and was sentenced as a habitual offender to an aggregate term of 420 months’ imprisonment. Appellant…
Date: June 19, 2014
Citation: 2014 Ark. 283
Docket Number: CR-12-624
Justia Opinion Summary: In two criminal cases, Appellant pleaded guilty to four counts of second-degree forgery and to two counts of second-degree forgery in the Hot Spring County Circuit Court. Appellant subsequently filed a pro se petition…
Date: June 19, 2014
Citation: 2014 Ark. 284
Docket Number: CR-12-887
Justia Opinion Summary: After a bench trial, Appellant was found guilty of attempted capital murder, possession of a firearm by a felon, and first-degree battery. Appellant was sentenced to an aggregate term of 120 months’ imprisonment. The…
Date: June 19, 2014
Citation: 2014 Ark. 290
Docket Number: CR-13-842
Justia Opinion Summary: After a jury trial, Appellant was found guilty of aggravated robbery and commercial burglary and sentenced to an aggregate term of 240 months’ imprisonment. Appellant subsequently filed a pro se petition for…
Date: June 19, 2014
Citation: 2014 Ark. 286
Docket Number: CV-12-1062
Justia Opinion Summary: In 1994, Appellant was found guilty of rape, kidnapping, and burglary. In 2009, Appellant pleaded guilty to first-degree battery, theft of property, and fleeing. In 2012, Appellant filed a pro se petition for declaratory…
Date: June 19, 2014
Citation: 2014 Ark. 287
Docket Number: CV-12-1073
Justia Opinion Summary: After a jury trial, Appellant was found guilty of several drug-related charges. Appellant was sentenced to an aggregate term of 708 months’ imprisonment. The court of appeals affirmed. Appellant subsequently filed a pro…
Date: June 19, 2014
Citation: 2014 Ark. 285
Docket Number: CV-12-796
Justia Opinion Summary: Appellant pleaded guilty to violating the terms of his previously imposed probation and was sentenced to a term of ninety-six months’ imprisonment. Appellant subsequently filed a pro se petition for writ of habeas…
Date: June 19, 2014
Citation: 2014 Ark. 279
Docket Number: CV-13-1154
Justia Opinion Summary: Plaintiff filed a medical-malpractice action for injuries allegedly sustained by his wife while she was a resident at Defendant’s nursing home. Defendant filed a motion to compel arbitration and for dismissal, asserting…
Date: June 19, 2014
Citation: 2014 Ark. 280
Docket Number: CV-13-319
Justia Opinion Summary: Asset Acceptance, LLC filed a complaint against Amy Newby, alleging that Newby had received a credit card from Asset and that her account was past due and remained unpaid. Newby asserted counterclaims against Asset.…
Date: June 19, 2014
Citation: 2014 Ark. 278
Docket Number: CV-13-357
Justia Opinion Summary: Appellant, an inmate incarcerated in the Arkansas Department of Correction (ADC), filed a complaint against current or former members of the ADC, alleging violations of his civil rights, “failure to protect,” and…
Date: June 19, 2014
Citation: 2014 Ark. 282
Docket Number: CV-13-950
Justia Opinion Summary: Susan and David Conrad purchased a home constructed by J-McDaniel Construction Company (McDaniel) and later discovered defects in the home. The Conrads sued McDaniel. McDaniel filed a third-party complaint against three…
Date: June 19, 2014
Citation: 2014 Ark. 276
Docket Number: CV-13-976
Justia Opinion Summary: Plaintiff filed an amended complaint against Defendants, alleging breach of contract, misappropriation of trade secrets, tortious interference with a contract and business expectancy, and civil conspiracy. The circuit…
Date: June 5, 2014
Citation: 2014 Ark. 273
Docket Number: CR-10-897
Justia Opinion Summary: After a jury trial, Petitioner was found guilty of delivery of a controlled substance and sentenced as a habitual offender to 480 months’ imprisonment. After the court of appeals affirmed on appeal, Petitioner filed a…
Date: June 5, 2014
Citation: 2014 Ark. 268
Docket Number: CR-12-1009
Justia Opinion Summary: Appellant was charged with capital murder and residential burglary in the stabbing death of his former girlfriend. After a jury trial, Appellant was convicted as charged and sentenced to death for the murder conviction.…
Date: June 5, 2014
Citation: 2014 Ark. 266
Docket Number: CR-13-908
Justia Opinion Summary: Defendant was charged with sexual assault in the third degree and sexual assault in the fourth degree for engaging in sexual intercourse and having sexual contact with an inmate while Defendant was employed at the…
Date: June 5, 2014
Citation: 2014 Ark. 272
Docket Number: CR-92-171
Justia Opinion Summary: Petitioner was found guilty of rape and first-degree battery. Petitioner later filed a petition requesting that jurisdiction be reinvested in the trial court so that he may proceed with a petition for writ of error coram…
Date: June 5, 2014
Citation: 2014 Ark. 270
Docket Number: CV-12-435
Justia Opinion Summary: Appellant, an inmate incarcerated in the Arkansas Department of Correction (ADC), filed a petition for judicial review to challenge a disciplinary action against him by the ADC. The ADC moved to dismiss the petition on…
Date: June 5, 2014
Citation: 2014 Ark. 267
Docket Number: CV-13-1116
Justia Opinion Summary: In 1982, Appellant pleaded guilty to first-degree murder and was sentenced to life imprisonment. In 2013, Appellant filed a petition for writ of habeas corpus, asserting that his sentence of life imprisonment was illegal…
Date: June 5, 2014
Citation: 2014 Ark. 271
Docket Number: CV-13-1152
Justia Opinion Summary: After a jury trial, Appellant, who was seventeen years old at the time of the crime, was found guilty of first-degree murder and sentenced to life imprisonment. Appellant later filed a pro se petition for writ of habeas…
Date: May 29, 2014
Citation: 2014 Ark. 256
Docket Number: CR-13-332
Justia Opinion Summary: In 2005, Appellant was found guilty of second-degree stalking, first-degree terroristic threatening, and misdemeanor violation of a protective order. In 2007, Appellant filed a petition for postconviction relief pursuant…
Date: May 29, 2014
Citation: 2014 Ark. 253
Docket Number: CR-13-563
Justia Opinion Summary: After a jury trial, Appellant was found guilty of capital murder and sentenced to life in prison without the possibility of parole. The Supreme Court affirmed, holding (1) the circuit court did not err by refusing to…
Date: May 29, 2014
Citation: 2014 Ark. 250
Docket Number: CR-13-579
Justia Opinion Summary: After a jury trial, Appellant was convicted of the lesser-included offense of manslaughter. Appellant’s sentence was enhanced pursuant to two enhancement statutes, and the circuit court entered a sentencing order…
Date: May 29, 2014
Citation: 2014 Ark. 257
Docket Number: CR-14-221
Justia Opinion Summary: In 1982, Appellant pled guilty to three counts of aggravated robbery and two counts of rape. In 2013, Appellant filed a second petition for postconviction relief pursuant to Ark. R. Crim. P. 37.1, alleging that the…
Date: May 29, 2014
Citation: 2014 Ark. 258
Docket Number: CR-14-299
Justia Opinion Summary: After a jury trial, Appellant was found guilty of sexual indecency with a minor and two counts of rape. The court of appeals affirmed. Appellant subsequenty filed a pro se petition for postconviction relief pursuant to…
Date: May 29, 2014
Citation: 2014 Ark. 259
Docket Number: CV-13-1007
Justia Opinion Summary: Appellant filed in the circuit court a pro se complaint against the Director of the Arkansas Department of Correction (ADC), asserting that, under the Interstate Corrections Compact, he was entitled to be transferred to…
Date: May 29, 2014
Citation: 2014 Ark. 254
Docket Number: CV-13-1114
Justia Opinion Summary: When attorney Kent Rubens, now deceased, was a general partner in the law firm of Rieves, Rubens and Mayton (RRM) Rubens entered into an oral contingency-fee agreement for legal services rendered to Hotel Associates,…
Date: May 29, 2014
Citation: 2014 Ark. 251
Docket Number: CV-13-870
Justia Opinion Summary: Martha Pierce applied for Medicaid assistance after her husband, Gordon Pierce, was admitted to a long-term-care facility. The Department of Human Services (DHS) included Martha’s IRA and 401(k) retirement accounts in…
Date: May 29, 2014
Citation: 2014 Ark. 261
Docket Number: CV-14-116
Justia Opinion Summary: Appellant and his father were charged with multiple felony offenses. Appellant entered a negotiated guilty plea to reduced charges in exchange for testifying for the State at his father’s trial. At a second trial for…
Date: May 29, 2014
Citation: 2014 Ark. 262
Docket Number: CV-14-125
Justia Opinion Summary: Appellant filed a pro se petition for judicial review pursuant to Ark. Code Ann. 25-12-212 of the Administrative Procedure Act, asserting that the chairman of the Arkansas Parole Board had improperly denied him release…
Date: May 29, 2014
Citation: 2014 Ark. 260
Docket Number: CV-14-3
Justia Opinion Summary: While incarcerated at a prison facility in Lee County, Appellant filed a pro se petition to correct an illegal sentence in the Lee County Circuit Court. The circuit court denied the petition. Appellant filed a “motion…
Date: May 22, 2014
Citation: 2014 Ark. 245
Docket Number: CR-01-909
Justia Opinion Summary: After a jury trial, Petitioner was found guilty of the rape of a four-year-old girl and sentenced to 360 months’ imprisonment. The Supreme court affirmed. Petitioner later filed a pro se petition to reinvest jurisdiction…
Date: May 22, 2014
Citation: 2014 Ark. 246
Docket Number: CR-02-228
Justia Opinion Summary: After a jury trial, Petitioner was found guilty of two counts of rape for engaging in sexual intercourse with two girls under the age of fourteen. The judgment was affirmed on appeal. After Petitioner unsuccessfully…
Date: May 22, 2014
Citation: 2014 Ark. 242
Docket Number: CR-12-347
Justia Opinion Summary: After a jury trial, Appellant was found guilty of capital murder and sentenced to life imprisonment without parole. The Supreme Court affirmed. Appellant later filed a pro se petition for writ of habeas corpus pursuant…
Date: May 22, 2014
Citation: 2014 Ark. 240
Docket Number: CR-12-655
Justia Opinion Summary: After a jury trial, Appellant was convicted of two counts of capital murder and sentenced to death. After the Supreme Court affirmed the conviction and sentence, Appellant filed a petition for postconviction relief…
Date: May 22, 2014
Citation: 2014 Ark. 247
Docket Number: CR-13-1123
Justia Opinion Summary: After a jury trial, Appellant was found guilty of aggravated residential burglary, first-degree battery committed in the presence of a child, and having employed a firearm in the aggravated burglary. The court of appeals…
Date: May 22, 2014
Citation: 2014 Ark. 239
Docket Number: CR-13-850
Justia Opinion Summary: Appellant was convicted of two counts of rape and sentenced to two consecutive life sentences. The Supreme Court affirmed, holding (1) the circuit court did not err by denying Appellant’s motion for directed verdict on…
Date: May 22, 2014
Citation: 2014 Ark. 248
Docket Number: CR-14-290
Date: May 22, 2014
Citation: 2014 Ark. 244
Docket Number: CV-12-609
Justia Opinion Summary: After a jury trial, Appellant was found guilty of capital murder and sentenced to life imprisonment. The Supreme Court affirmed. Appellant sought relief in coram-nobis proceedings and in a habeas-corpus proceeding,…
Date: May 22, 2014
Citation: 2014 Ark. 237
Docket Number: CV-13-881
Justia Opinion Summary: After Decedent died in 2010, Appellee, Decedent’s wife, filed a complaint seeking to have a Will and Trust Decedent executed in 2009 set aside on grounds of incapacity and undue influence, or alternatively, to elect to…
Date: May 16, 2014
Citation: 2014 Ark. 236
Docket Number: CV-14-371
Date: May 16, 2014
Citation: 2014 Ark. 236
Docket Number: CV-14-371
Justia Opinion Summary: The Pulaski County Election Commission (PCEC) filed a petition for declaratory judgment in the circuit court challenging the constitutionality of certain emergency rules promulgated by the Arkansas State Board of…
Date: May 15, 2014
Citation: 2014 Ark. 226
Docket Number: CR-11-743
Justia Opinion Summary: After a jury trial, Appellant was found guilty of first-degree murder and criminal use of a prohibited weapon. The Supreme Court affirmed. Appellant subsequently filed a request for postconviction relief pursuant to Ark.…
Date: May 15, 2014
Citation: 2014 Ark. 227
Docket Number: CR-12-491
Justia Opinion Summary: After a jury trial, Appellant was found guilty of attempted second-degree murder, arson, and second-degree domestic battering. Appellant was sentenced to an aggregate term of 564 months’ imprisonment. The court of…
Date: May 15, 2014
Citation: 2014 Ark. 230
Docket Number: CR-12-577
Justia Opinion Summary: After a jury trial, Appellant was found guilty of possession of a controlled substance and resisting arrest and was sentenced as a habitual offender to a term of imprisonment. The court of appeals affirmed. Appellant…
Date: May 15, 2014
Citation: 2014 Ark. 231
Docket Number: CR-13-1003
Justia Opinion Summary: Appellant entered a guilty plea to murder in the first degree, committing a terroristic act, battery in the first degree, and battery in the second degree. An aggregate sentence of 348 months’ imprisonment was imposed.…
Date: May 15, 2014
Citation: 2014 Ark. 233
Docket Number: CV-13-1098
Justia Opinion Summary: After a jury trial in 2004, Appellant was found guilty of attempted rape and kidnapping. Appellant was sentenced to a term of imprisonment. In 2013, Appellant filed a pro se petition for declaratory judgment against the…
Date: May 15, 2014
Citation: 2014 Ark. 225
Docket Number: CV-13-492
Justia Opinion Summary: After a jury trial in 1995, Appellee was convicted of capital murder and sentenced to mandatory life imprisonment without the possibility of parole. In 2013, Appellee filed a petition for writ of habeas corpus, asserting…
Date: May 15, 2014
Citation: 2014 Ark. 228
Docket Number: CV-13-741
Justia Opinion Summary: In 1992, Appellant pleaded guilty to several crimes. An aggregate sentence of life imprisonment was imposed on the judgments. Appellant subsequently filed several pleadings, including petitions for postconviction relief…
Date: May 15, 2014
Citation: 2014 Ark. 223
Docket Number: CV-13-890
Justia Opinion Summary: Appellees filed a class-action complaint against a Bank, asserting several claims arising from the Bank’s alleged practice of manipulating customers’ checking-account debit transactions to maximize the amount of…
Date: May 15, 2014
Citation: 2014 Ark. 232
Docket Number: CV-13-958
Justia Opinion Summary: On June 22, 2012, a hearing officer found that Appellant, who was incarcerated in the Arkansas Department of Correction (ADC), had violated disciplinary rules. The hearing officer imposed punishment for the violations.…
Date: May 14, 2014
Citation: 2014 Ark. 213
Docket Number: CV-14-358
Date: May 14, 2014
Citation: 2014 Ark. 217
Docket Number: CV-14-367
Justia Opinion Summary: John Kelly petitioned the circuit court for issuance of a writ of mandamus and for declaratory judgment, asserting that Judge Timothy Fox was ineligible to be a candidate for the position of circuit judge in the election…
Date: May 14, 2014
Citation: 2014 Ark. 219
Docket Number: CV-14-369
Justia Opinion Summary: Doralee Chandler, a registered voter, filed an amended petition for issuance of a writ of mandamus and for declaratory judgment, alleging that Judge Harrison G. Foster II was not a qualified or eligible candidate for…
Date: May 14, 2014
Citation: 2014 Ark. 210
Docket Number: CV-14-370
Date: May 14, 2014
Citation: 2014 Ark.
Docket Number: CV-14-371
Justia Opinion Summary: On March 3, 2014, Valerie Bailey filed as a candidate for the position of circuit judge in the May 20, 2014 election. Kristen Hulse filed a petition for writ of mandamus and a declaration judgment, alleging that Bailey…
Date: May 14, 2014
Citation: 2014 Ark.
Docket Number: CV-14-371
Justia Opinion Summary: Appellant, a registered voter, petitioned the circuit court for a declaratory judgment that Angela Byrd, a filed candidate for circuit judge, was unqualified and ineligible for that office because she was not a licensed…
Date: May 14, 2014
Citation: 2014 Ark. 215
Docket Number: CV-14-371
Date: May 14, 2014
Citation: 2014 Ark.
Docket Number: CV-14-371
Justia Opinion Summary: The Pulaski County Election Commission and some of its commissioners and the Pulaski County Circuit/County Clerk (collectively, “PCEC”) filed a petition for a declaratory judgment, claiming that certain emergency rules…
Date: May 14, 2014
Citation: 2014 Ark. 222
Docket Number: CV-14-414
Justia Opinion Summary: The State petitioned for an emergency stay of the Pulaski County Circuit Court’s order declaring unconstitutional Act 144 of 1997 and Amendment 83, which banned same-sex marriage. The State asserted that an emergency…
Date: May 8, 2014
Citation: 2014 Ark. 205
Docket Number: CR-12-752
Justia Opinion Summary: Appellant’s probation was revoked for his convictions on drug-related charges in two cases. Appellant pleaded guilty to the charges and was sentenced to terms of imprisonment for each case. Appellant later filed two…
Date: May 8, 2014
Citation: 2014 Ark. 200
Docket Number: CR-13-406
Justia Opinion Summary: After a jury trial, Appellant was convicted of possession of a controlled substance with intent to deliver and sentenced, as a habitual offender, to life imprisonment. After the Supreme Court affirmed on appeal,…
Date: May 8, 2014
Citation: 2014 Ark. 201
Docket Number: Cr-13-655
Justia Opinion Summary: After the Pulaski County Humane Society (PCHS) seized many dogs from Defendant’s premises, Defendant was charged with three felony counts of aggravated cruelty to animals and ten misdemeanor counts of cruelty to animals…
Date: May 8, 2014
Citation: 2014 Ark. 203
Docket Number: CR-13-668
Justia Opinion Summary: After a jury trial, Defendant was found guilty of capital murder. The conviction resulted in a sentence of life imprisonment without parole. The Supreme Court affirmed on appeal. Appellant subsequently filed a petition…
Date: May 8, 2014
Citation: 2014 Ark. 207
Docket Number: CR-13-842
Justia Opinion Summary: Appellant pleaded guilty to aggravated robbery and commercial burglary and was sentenced to an aggregate term of 240 months’ imprisonment. The court of appeals affirmed the sentence. Appellant subsequently filed a pro se…
Date: May 8, 2014
Citation: 2014 Ark. 208
Docket Number: CR-14-235
Date: May 8, 2014
Citation: 2014 Ark. 204
Docket Number: CV-13-1115
Justia Opinion Summary: After a jury trial in 1977, Appellant was found guilty of first-degree murder and sentenced to life imprisonment. Appellant was sixteen years old at the time of the offense. In 2013, Appellant filed a petition for writ…
Date: May 8, 2014
Citation: 2014 Ark. 209
Docket Number: CV-14-112
Justia Opinion Summary: On December 6, 2011, Appellant was found to have violated the terms of his probation and was sentenced to 300 months’ imprisonment in the Arkansas Department of Correction (ADC) to run concurrently with a sentence…
Date: May 1, 2014
Citation: 2014 Ark. 195
Docket Number: CR-12-258
Justia Opinion Summary: After a jury trial, Appellant was found guilty of aggravated robbery, first-degree battery, forgery, and fraudulent use of a credit card. The court of appeals affirmed. Appellant subsequently filed a pro se petition for…
Date: May 1, 2014
Citation: 2014 Ark. 193
Docket Number: CR-13-643
Justia Opinion Summary: In 2013, the State filed a petition to revoke Appellant’s suspended sentences from three previous convictions, a felony hot-check conviction, a second-degree forgery conviction, and a possession of drug paraphernalia…
Date: May 1, 2014
Citation: 2014 Ark. 192
Docket Number: CR-13-815
Justia Opinion Summary: After a jury trial, Appellant was convicted of murder in the first degree and sentenced to life imprisonment without parole. The Supreme Court affirmed, holding that the circuit court did not err by (1) failing to stop…
Date: May 1, 2014
Citation: 2014 Ark. 194
Docket Number: CR-13-888
Justia Opinion Summary: Dwayne Cherry was charged with possession of a controlled substance, possession of drug paraphernalia, and theft by receiving. Cherry filed a motion to suppress contraband discovered on his person after a traffic stop.…
Date: May 1, 2014
Citation: 2014 Ark. 198
Docket Number: CR-14-114
Justia Opinion Summary: After a jury trial, Defendant was found guilty of rape and sentenced as a habitual offender to life imprisonment without parole. The Supreme Court affirmed. Defendant subsequently filed a pro se for postconviction…
Date: May 1, 2014
Citation: 2014 Ark. 196
Docket Number: CV-12-606
Justia Opinion Summary: Appellant, in inmate incarcerated in the Arkansas Department of Correction (“ADC”), filed a petition for writ of certiorari in the circuit court seeking a declaratory judgment and injunctive relief against the ADC and…
Date: April 24, 2014
Citation: 2014 Ark. 185
Docket Number: CR-12-825
Justia Opinion Summary: In two cases, Appellant entered a negotiated plea of guilty to possession of a controlled substance with intent to deliver, simultaneous possession of drugs and firearms, and possession of firearms by a felon. Appellant…
Date: April 24, 2014
Citation: 2014 Ark. 184
Docket Number: CR-13-223
Justia Opinion Summary: After a jury trial, Appellant was convicted of first-degree murder and first-degree battery. The court of appeals affirmed on direct appeal. Appellant subsequently filed a petition for postconviction relief pursuant to…
Date: April 24, 2014
Citation: 2014 Ark. 181
Docket Number: CR-13-301
Justia Opinion Summary: Appellant was convicted of two counts of rape of his step-granddaughter and sentenced to a term of 480 months. The court of appeals affirmed. Appellant subsequently filed a petition for postconviction relief, claiming…
Date: April 24, 2014
Citation: 2014 Ark. 186
Docket Number: CR-14-98
Justia Opinion Summary: Appellant entered a plea of guilty to several felony offenses and was sentenced to serve an aggregate term of 300 months’ imprisonment. More than eight months after the judgment had been entered, Appellant filed a pro se…
Date: April 24, 2014
Citation: 2014 Ark. 188
Docket Number: CV-13-531
Justia Opinion Summary: After a jury trial, Appellant was found guilty of two counts each of aggravated robbery and theft of property. The charges arose from the aggravated robbery of two different banks, two days apart, and the charges were…
Date: April 24, 2014
Citation: 2014 Ark. 183
Docket Number: CV-13-674
Justia Opinion Summary: In 2012, Appellant, clerk for the City of Harrisburg, filed a complaint and petition for writ of quo warranto seeking to compel the City to pay her wages due for the joint position of city clerk/treasurer and alleging…
Date: April 24, 2014
Citation: 2014 Ark. 182
Docket Number: CV-13-963
Justia Opinion Summary: Kylie Chitwood was born in 1990 during the marriage of Gordon and Jane Chitwood. In 1993, Gordon and Jane divorced, and Gordon was ordered to pay child support. In 2011, Kylie, then twenty years old, filed a complaint…
Date: April 24, 2014
Citation: 2014 Ark. 189
Docket Number: CV-14-227
Justia Opinion Summary: In 2013, Petitioner, who was incarcerated for multiple felony convictions, filed a pro se petition for writ of habeas corpus. The circuit court denied the petition. Petitioner timely filed a notice of appeal but did not…
Date: April 17, 2014
Citation: 2014 Ark. 177
Docket Number: CR-07-110
Justia Opinion Summary: In 2006, Appellant was found guilty of second-degree sexual assault and sexual indecency with a child. The court of appeals affirmed. In 2014, Appellant filed in the Supreme Court a pro se petition to reinvest…
Date: April 17, 2014
Citation: 2014 Ark. 176
Docket Number: CR-12-802
Justia Opinion Summary: In 2012, Appellant entered a negotiated plea of guilty to a charge of theft of property and received a sentence of 120 days’ imprisonment in jail and sixty months’ probation. Appellant subsequently filed a timely…
Date: April 17, 2014
Citation: 2014 Ark. 172
Docket Number: CR-13-21
Justia Opinion Summary: After a jury trial, Appellant was found guilty of delivery of crack cocaine, possession of drug paraphernalia, and possession of marijuana. The court of appeals affirmed. Thereafter, Appellant filed a petition for…
Date: April 17, 2014
Citation: 2014 Ark. 168
Docket Number: CR-13-757
Justia Opinion Summary: Appellant was charged with murder in the first degree. Before trial, Appellant gave notice that he intended to assert the affirmative defense of a lack of capacity as a result of mental disease or defect and provided the…
Date: April 17, 2014
Citation: 2014 Ark. 179
Docket Number: CR-14-158
Justia Opinion Summary: Appellant entered a negotiated plea of guilty to murder in the first degree and was sentenced to 480 months’ imprisonment. Appellant subsequently filed a pro se petition for postconviction relief pursuant to Ark. R.…
Date: April 17, 2014
Citation: 2014 Ark. 178
Docket Number: CR-14-96
Justia Opinion Summary: In 2012, Appellant was found guilty of second-degree murder, among other offenses. The court of appeals affirmed. Appellant subsequently filed a timely petition for postconviction relief pursuant to Ark. R. Crim. P.…
Date: April 17, 2014
Citation: 2014 Ark. 171
Docket Number: CV-13-1050
Justia Opinion Summary: Ozark Mountain Regional Public Water Authority filed a complaint for condemnation and declaration of taking, seeking to take property owned by Appellants. That same day, Ozark deposited $66,986, the fair-market-appraisal…
Date: April 17, 2014
Citation: 2014 Ark. 169
Docket Number: CV-13-847
Justia Opinion Summary: Mary Berryhill sued Frances Synatzke, alleging that Synatzke was responsible for a car accident between Berryhill and Synatzke. Berryhill also sued seventy John Does, including a John Doe that was designated to represent…
Date: April 17, 2014
Citation: 2014 Ark. 174
Docket Number: CV-13-931
Justia Opinion Summary: In 2012, the State filed a complaint seeking forfeiture of $7550 in United States currency. The complaint named both the $7550 and Patricia West as defendants in the caption. West filed a motion to dismiss the complaint…
Date: April 17, 2014
Citation: 2014 Ark. 175
Docket Number: CV-13-936
Justia Opinion Summary: Husband and Wife had been married for more than twenty years when Husband filed for divorce. The parties were co-owners of Brave New Restaurant. After the circuit court entered a divorce decree, Husband appealed,…
Date: April 17, 2014
Citation: 2014 Ark. 180
Docket Number: CV-14-144
Justia Opinion Summary: In 1986, Appellant was found guilty of murder in the first degree and battery in the first degree and sentenced to life imprisonment. In 2013, Appellant filed in the circuit court in the county where he was in custody a…
Date: April 10, 2014
Citation: 2014 Ark. 164
Docket Number: CR-12-539
Justia Opinion Summary: Appellant was convicted of first-degree murder and committing a felony with a firearm and sentenced to 420 months’ imprisonment, including a statutory enhancement. Appellant subsequently filed a petition for…
Date: April 10, 2014
Citation: 2014 Ark. 157
Docket Number: CR-13-807
Justia Opinion Summary: After a jury-waived trial, Appellant was found guilty of capital murder, among other crimes. Appellant was sentenced to life imprisonment without the possibility of parole on the capital-murder charge. Appellant…
Date: April 10, 2014
Citation: 2014 Ark. 159
Docket Number: CR-13-984
Justia Opinion Summary: After a jury trial, Appellant was found guilty of one count of rape of his biological daughter and sentenced to life imprisonment. The Supreme Court affirmed on appeal. Appellant subsequently filed a pro se petition for…
Date: April 10, 2014
Citation: 2014 Ark. 165
Docket Number: CR-14-204
Justia Opinion Summary: Petitioner filed a pro se petition for writ of error coram nobis, which the circuit court dismissed. The record established that Petitioner did not file a timely notice of appeal from the order. Petitioner subsequently…
Date: April 10, 2014
Citation: 2014 Ark. 156
Docket Number: CV-13-955
Justia Opinion Summary: Plaintiffs filed suit against the United States pursuant to the Federal Tort Claims Act (“FTCA”), alleging that the negligence of the United States Forest Service caused the death of several campers, who were camping in…
Date: April 10, 2014
Citation: 2014 Ark. 161
Docket Number: CV-14-173
Date: April 10, 2014
Citation: 2014 Ark. 162
Docket Number: CV-14-261
Date: April 3, 2014
Citation: 2014 Ark. 155
Date: April 3, 2014
Citation: 2014 Ark. 147
Docket Number: CR-12-492
Justia Opinion Summary: In 2004, Appellant was found guilty of aggravated robbery and theft of property and sentenced to 264 months’ imprisonment. In 2013, Appellant filed a pro se petition for writ of habeas corpus, alleging that the…
Date: April 3, 2014
Citation: 2014 Ark. 148
Docket Number: CR-12-774
Justia Opinion Summary: After a jury trial, Appellant was found guilty of simultaneous possession of drugs and firearms, possession of a controlled substance, and maintaining a drug premises. After his convictions were affirmed on direct…
Date: April 3, 2014
Citation: 2014 Ark. 149
Docket Number: CR-12-906
Justia Opinion Summary: After a jury trial in 2009, Appellant was found guilty of rape and second-degree sexual assault. Appellant’s convictions were affirmed on appeal. In 2012, Appellant filed a pro se petition to correct his sentence…
Date: April 3, 2014
Citation: 2014 Ark. 141
Docket Number: CR-13-690
Justia Opinion Summary: During an approximately seven-month period, Defendant engaged in online chats with a person identified on Yahoo internet service as “Amanda.” Amanda was actually Detective Donald Eversole, who had set up a profile for a…
Date: April 3, 2014
Citation: 2014 Ark. 151
Docket Number: CR-13-979
Justia Opinion Summary: In 1993, Appellant pleaded guilty to attempted rape. In 2013, Appellant filed an application to be relieved of the obligation to register as a sex offender. After a hearing, the trial court denied Appellant’s application…
Date: April 3, 2014
Citation: 2014 Ark. 144
Docket Number: CV-12-1011
Justia Opinion Summary: CenterPoint Energy Gas Transmission Co., a gas pipeline company that has the power of eminent domain, filed a petition to condemn an easement on property owned by GSS, LLC. The circuit court entered an order of…
Date: April 3, 2014
Citation: 2014 Ark. 139
Docket Number: CV-13-733
Justia Opinion Summary: Jon Hopkins submitted multiple requests to Brinkley Water & Sewer Department (“BW&S”) for the home address and payment history of Kathryn Harris, a municipal-utility ratepayer and resident of the City of Brinkley. BW&S…
Date: April 3, 2014
Citation: 2014 Ark. 146
Docket Number: CV-13-828
Justia Opinion Summary: Theresa Holbrook requested her medical records from Millard Henry Clinic. Healthport, Inc., a private company that had a contract with Millard Henry Clinic to fulfill such requests, obtained copies of Holbrook’s…
Date: April 3, 2014
Citation: 2014 Ark. 153
Docket Number: CV-13-829
Justia Opinion Summary: Appellant entered a negotiated plea of guilty to manufacturing a controlled substance and was sentenced to 240 months’ imprisonment. Appellant later filed a pro se petition for declaratory judgment and writ of mandamus…
Date: April 3, 2014
Citation: 2014 Ark. 143
Docket Number: CV-13-939
Justia Opinion Summary: At issue in this case was real property owned by Lacy Bryant at the time of his death. Lacy left a will devising a life estate in the realty to his wife, Naomi, and devising the remainder to his youngest child, Brenda…
Date: March 20, 2014
Citation: 2014 Ark. 132
Docket Number: CR-07-110
Justia Opinion Summary: After a jury trial, Petitioner was found guilty of second-degree sexual assault and sexual indecency with a child. The court of appeals affirmed. Petitioner subsequently filed a pro se petition to reinvest jurisdiction…
Date: March 20, 2014
Citation: 2014 Ark. 123
Docket Number: CR-10-545
Justia Opinion Summary: After a jury trial, Appellant was convicted of two counts of capital murder and sentenced to death. Appellant’s sentence and conviction were affirmed on appeal. Appellant subsequently filed an Ark. R. Crim. P. 37.5…
Date: March 20, 2014
Citation: 2014 Ark. 122
Docket Number: CR-12-1129
Justia Opinion Summary: Appellant was convicted of the rape of his six-year-old granddaughter and sentenced to twenty-five years’ imprisonment. Following his unsuccessful appeal, Appellant filed a petition for postconviction relief, alleging…
Date: March 20, 2014
Citation: 2014 Ark. 127
Docket Number: CR-12-513
Justia Opinion Summary: After a jury trial, Appellant was found guilty of committing two counts of Class Y felony terroristic acts, four counts of Class B felony terroristic acts, and two counts of battery in the first degree. The court of…
Date: March 20, 2014
Citation: 2014 Ark. 133
Docket Number: CR-14-132
Date: March 20, 2014
Citation: 2014 Ark. 130
Docket Number: CR-86-181
Justia Opinion Summary: After a jury trial in 1981, Petitioner was found guilty of aggravated robbery and sentenced to life imprisonment. Petitioner later filed a petition in the Supreme Court requesting that jurisdiction be reinvested in the…
Date: March 20, 2014
Citation: 2014 Ark. 124
Docket Number: CV-12-1058
Justia Opinion Summary: In 1993, Appellants developed Risperdal, a second-generation, or atypical, antipsychotic medication, which was considered highly beneficial in treating schizophrenia patients. In 2007, the State filed suit against…
Date: March 20, 2014
Citation: 2014 Ark. 128
Docket Number: CV-12-982
Justia Opinion Summary: After a jury trial in 1988, Appellant was convicted of capital murder, aggravated robbery, and theft of property. Appellant was sentenced to life imprisonment for the murder conviction. In 1991, Appellant’s convictions…
Date: March 20, 2014
Citation: 2014 Ark. 126
Docket Number: CV-13-468
Date: March 20, 2014
Citation: 2014 Ark. 134
Docket Number: CV-13-665
Justia Opinion Summary: After a jury trial, Appellant was found guilty of several offenses, including first-degree murder. The case was reversed and remanded. After a retrial, Appellant was again found guilty of first-degree murder and related…
Date: March 13, 2014
Citation: 2014 Ark. 120
Date: March 13, 2014
Citation: 2014 Ark. 113
Docket Number: CR-12-555
Justia Opinion Summary: After a jury trial, Appellant was found guilty of aggravated residential burglary and use of a firearm in the commission of the offense. Appellant subsequently filed a pro se petition for postconviction relief, alleging…
Date: March 13, 2014
Citation: 2014 Ark. 113
Docket Number: CR-12-555
Date: March 13, 2014
Citation: 2014 Ark. 114
Docket Number: CR-12-978
Justia Opinion Summary: After a jury trial in 2001, Appellant was found guilty of first-degree murder and sentenced to an aggregate term of 540 months’ imprisonment. In 2012, Appellant filed a pro se petition for writ of habeas corpus pursuant…
Date: March 13, 2014
Citation: 2014 Ark. 115
Docket Number: CR-13-362
Justia Opinion Summary: In 2010, Appellant was found guilty by a jury of delivery of cocaine and sentenced to 900 months’ imprisonment. The trial court vacated Appellant’s sentence. Appellant was subsequently resentenced pursuant to a…
Date: March 13, 2014
Citation: 2014 Ark. 110
Docket Number: CR-13-371
Justia Opinion Summary: After a jury trial, Appellant was convicted of three counts of rape and sentenced to forty years’ imprisonment on each count, with the sentences to be served concurrently. On appeal, Appellant argued that the circuit…
Date: March 13, 2014
Citation: 2014 Ark. 116
Docket Number: CR-13-764
Justia Opinion Summary: After a jury trial, Appellant was found guilty of three counts of rape and one count of attempted rape of a minor. Appellant subsequently filed a timely pro se petition for postconviction relief, alleging ineffective…
Date: March 13, 2014
Citation: 2014 Ark. 107
Docket Number: CR-13-784
Justia Opinion Summary: In 1989, Appellee pled guilty to one count of first-degree sexual abuse. In 2013, Appellee filed a motion asking the circuit court to terminate his obligation to register as a sex offender. The circuit court granted the…
Date: March 13, 2014
Citation: 2014 Ark. 108
Docket Number: CV-13-356
Justia Opinion Summary: Truck Insurance Exchange (TIE) issued an apartment-owners insurance policy to appellant Jeanne Estates Apartments (JEA) that became effective in 1998. In 2006, Farmers Insurance Exchange (FIE) renewed the policy and…
Date: March 13, 2014
Citation: 2014 Ark. 112
Docket Number: CV-13-450
Justia Opinion Summary: The Legislative Auditor subpoenaed Appellant to appear and testify during a meeting of the Legislative Joint Auditing Committee’s Standing Committee on Counties and Municipalities, but Appellant failed to appear. The…
Date: March 13, 2014
Citation: 2014 Ark. 109
Docket Number: CV-13-756
Justia Opinion Summary: Appellee, as special administrator of the estate of Rufus Owens and on behalf of the wrongful death beneficiaries of Owens, filed a lawsuit against Pine Hills Health and Rehabilitation, LLC and others for injuries Owens…
Date: March 6, 2014
Citation: 2014 Ark. 104
Docket Number: CR-12-60
Justia Opinion Summary: After a jury trial, Petitioner was convicted of aggravated assault on a family or household member, among other charges. The court of appeals reversed and remanded. On remand, Petitioner sought postconviction relief…
Date: March 6, 2014
Citation: 2014 Ark. 101
Docket Number: CR-13-843
Justia Opinion Summary: A police officer stopped Defendant for driving with a defective passenger taillight. The officer subsequently arrested Defendant and charged him with driving while intoxicated (DWI), among other offenses. Defendant filed…
Date: March 6, 2014
Citation: 2014 Ark. 105
Docket Number: CV-13-593
Justia Opinion Summary: After a jury trial, Appellant was found guilty of capital murder and sentenced to life imprisonment without parole. After the conviction was affirmed on appeal and Appellant unsuccessfully filed a petition for writ of…
Date: February 27, 2014
Citation: 2014 Ark. 97
Docket Number: CR-12-421
Justia Opinion Summary: After a jury trial, Appellant was found guilty of capital felony murder and sentenced to life imprisonment without the possibility of parole. After Appellant’s conviction was affirmed on appeal, Appellant filed a pro se…
Date: February 27, 2014
Citation: 2014 Ark. 91
Docket Number: CR-12-644
Justia Opinion Summary: In 1972, Appellant pled guilty to murder in the first degree and was sentenced to life imprisonment. In 2012, Appellant filed a petition for writ of error coram nobis, asserting that his guilty plea was not voluntarily…
Date: February 27, 2014
Citation: 2014 Ark. 93
Docket Number: CV-12-73
Justia Opinion Summary: Appellant was injured while working for Employer. Following the accident, a drug test on Appellant came back positive. Appellant sought workers’ compensation benefits. An administrative law judge found that Appellant was…
Date: February 27, 2014
Citation: 2014 Ark. 89
Docket Number: CV-12-75
Justia Opinion Summary: Appellant was injured at work and taken to the hospital, where he tested positive for marijuana. The Arkansas Workers’ Compensation Commission denied Appellant’s claim for benefits based on its finding that, after the…
Date: February 27, 2014
Citation: 2014 Ark. 96
Docket Number: CV-13-596
Justia Opinion Summary: Myra and Charles Jones married in 1992. In 2011, Myra filed a complaint for divorce. After the circuit court entered a divorce decree, Charles appealed, contesting the circuit court’s division of property in four…
Date: February 27, 2014
Citation: 2014 Ark. 98
Docket Number: CV-13-921
Justia Opinion Summary: In 2005, Appellant pleaded guilty to charges of theft by receiving, being a felon in possession of a firearm, and possession of a controlled substance with intent to deliver. Appellant received a ten-year suspended…
Date: February 27, 2014
Citation: 2014 Ark. 100
Docket Number: CV-14-107
Date: February 20, 2014
Citation: 2014 Ark. 82
Docket Number: CR-07-238
Justia Opinion Summary: After a jury trial, Petitioner was found guilty of capital murder and aggravated robbery and sentenced to an aggregate term of life without parole. The Supreme Court affirmed on appeal. Petitioner later filed a petition…
Date: February 20, 2014
Citation: 2014 Ark. 74
Docket Number: CR-12-741
Justia Opinion Summary: Appellant pled guilty to several drug-related charges and received five years of supervised probation. Appellant later pled that he had violated the conditions of probation. After a hearing, the circuit court sentenced…
Date: February 20, 2014
Citation: 2014 Ark. 86
Docket Number: CR-13-1143
Justia Opinion Summary: In 1987, Petitioner pleaded guilty in two cases to two counts of burglary and two counts of theft of property. Petitioner was placed on ten years’ probation. In 2010, Petitioner filed a petition for writ of error coram…
Date: February 20, 2014
Citation: 2014 Ark. 79
Docket Number: CR-13-438
Justia Opinion Summary: After a jury trial, Appellant was found guilty of first-degree murder, among other offenses. Appellant was sentenced to life imprisonment for the murder conviction. A timely notice of appeal was filed, but the attorney…
Date: February 20, 2014
Citation: 2014 Ark. 83
Docket Number: CR-13-671
Justia Opinion Summary: Appellant pleaded guilty to first-degree murder and was sentenced to 480 months’ imprisonment. Appellant later filed a pro se petition for writ of error coram nobis alleging that his guilty plea was coerced and that he…
Date: February 20, 2014
Citation: 2014 Ark. 85
Docket Number: CR-13-798
Justia Opinion Summary: After a jury trial, Appellant was found guilty of rape and second-degree assault and sentenced as a habitual offender to life imprisonment. Appellant subsequently filed a timely petition for postconviction relief…
Date: February 20, 2014
Citation: 2014 Ark. 80
Docket Number: CR-14-59
Justia Opinion Summary: After a jury trial, Appellant was convicted of aggravated robbery and theft of property and sentenced to life imprisonment. A notice of appeal was filed, but Appellant’s appellate counsel, a full-time public defender,…
Date: February 20, 2014
Citation: 2014 Ark. 81
Docket Number: CR-89-234
Justia Opinion Summary: After a jury trial in 1989, Petitioner was found guilty of first-degree murder and sentenced as a habitual offender to life imprisonment. This appeal concerned the denial of Petitioner’s pro se petition to reinvest…
Date: February 20, 2014
Citation: 2014 Ark. 77
Docket Number: CV-12-180
Justia Opinion Summary: Appellant pleaded guilty to kidnapping and third-degree domestic battery of a minor. The judgment-and-commitment order did not require that Appellant register as a sex offender, although the statutory scheme required…
Date: February 20, 2014
Citation: 2014 Ark. 78
Docket Number: CV-12-273
Justia Opinion Summary: After a jury trial, Appellant was found guilty of possession of methamphetamine with intent to deliver and other drug-related offenses. After Appellant’s convictions were affirmed on appeal, Appellant unsuccessfully…
Date: February 20, 2014
Citation: 2014 Ark. 87
Docket Number: CV-12-437
Justia Opinion Summary: Appellant pled guilty to sexual assault and was required to register as a sex offender. Appellant was assigned a community notification risk assessment Level 3. The Sex Offender Assessment Committee upheld the Level 3…
Date: February 20, 2014
Citation: 2014 Ark. 73
Docket Number: CV-12-690
Justia Opinion Summary: Appellant, an inmate incarcerated under a sentence of life imprisonment without parole, filed a pro se petition for writ of habeas corpus alleging four bases for issuance of the writ, including the allegation that his…
Date: February 20, 2014
Citation: 2014 Ark. 75
Docket Number: CV-13-623
Justia Opinion Summary: After Decedent died, Decedent’s will was admitted to probate, and all of Decedent’s property was devised to his sister. Appellant petitioned to inherit from Decedent’s estate, claiming that she was the pretermitted child…
Date: February 20, 2014
Citation: 2014 Ark. 88
Docket Number: CV-14-29
Justia Opinion Summary: Petitioner, an inmate, filed a pro se petition for writ of habeas corpus. The circuit court granted the petition in part and denied it in part. Petitioner did not timely appeal and subsequently sought leave to proceed…
Date: February 13, 2014
Citation: 2014 Ark. 66
Docket Number: CR-12-207
Justia Opinion Summary: After a jury trial, Appellant was found guilty of rape and possessing matter depicting sexually explicit conduct involving a child. The court of appeals affirmed. Appellant subsequently filed a pro se petition for…
Date: February 13, 2014
Citation: 2014 Ark. 71
Docket Number: CR-13-1106
Justia Opinion Summary: After a jury trial, Appellant was found guilty of rape and sentenced as a habitual offender to life in prison without parole. The Supreme Court affirmed. Appellant subsequently filed a pro se petition for postconviction…
Date: February 13, 2014
Citation: 2014 Ark. 70
Docket Number: CR-13-669
Justia Opinion Summary: After a jury trial, Appellant was found guilty of aggravated robbery and misdemeanor theft of property, with a firearm enhancement. The court of appeals affirmed. Appellant subsequently filed a pro se petition for…
Date: February 13, 2014
Citation: 2014 Ark. 67
Docket Number: CR-13-797
Justia Opinion Summary: After a jury trial, Appellant was found guilty of four counts rape and sentenced to four consecutive terms of 480 months’ imprisonment. The court of appeals affirmed. Appellant subsequently filed a pro se petition for…
Date: February 13, 2014
Citation: 2014 Ark. 68
Docket Number: CV-12-82
Justia Opinion Summary: Appellant pleaded guilty to one count each of rape and kidnapping. Appellant subsequently filed a pro se petition for declaratory judgment against the Director of the Arkansas Department of Correction (ADC), contending…
Date: February 13, 2014
Citation: 2014 Ark. 69
Docket Number: CV-12-87
Justia Opinion Summary: The State filed a forfeiture complaint alleging that a drug task force had seized property - $1,427 in U.S. currency - from Appellant in connection with felony violations of the Uniform Controlled Substances Act and…
Date: February 13, 2014
Citation: 2014 Ark. 72
Docket Number: CV-13-1096
Justia Opinion Summary: Petitioner, an inmate at a prison facility in Lee County, filed a pro se petition for writ of habeas corpus, which the circuit court denied. Petitioner did not timely appeal from the order and subsequently sought leave…
Date: February 13, 2014
Citation: 2014 Ark. 64
Docket Number: CV-13-399
Justia Opinion Summary: After the parental rights of Appellant were terminated Appellant filed a “Motion for Determination of Indigency for Purpose of Appointed Appellate Counsel.” The day Appellant’s indigency motion was heard, Appellant filed…
Date: February 13, 2014
Citation: 2014 Ark. 60
Docket Number: CV-13-419
Justia Opinion Summary: Mike Burcham filed an amended complaint against the Board of Trustees of the University of Arkansas for wrongful discharge. After the circuit court denied the Board’s motion to dismiss based on sovereign immunity, the…
Date: February 13, 2014
Citation: 2014 Ark. 61
Docket Number: CV-13-448
Justia Opinion Summary: Mike Burcham filed an action against the University of Arkansas and others, claiming that he was wrongfully terminated. The University filed an amended motion to dismiss, arguing that Burcham’s complaint was barred by…
Date: February 13, 2014
Citation: 2014 Ark. 62
Docket Number: CV-13-692
Justia Opinion Summary: J.B. Hunt was a judgment creditor of Robert and Frieda Thornton, who were the trustees and life beneficiaries of five trusts, each of which provided that quarterly distributions be made to the Thorntons until their…
Date: February 13, 2014
Citation: 2014 Ark. 65
Docket Number: CV-13-705
Justia Opinion Summary: Dan and Brenda Billingsley owned and operated Floors and More, Inc. on certain property (“West Bank Property”). Benton NWA Properties purchased the property across from the West Bank Property in 2008 (“East Bank…
Date: February 6, 2014
Citation: 2014 Ark. 58
Docket Number: CR-13-332
Date: February 6, 2014
Citation: 2014 Ark. 59
Docket Number: CR-13-761
Justia Opinion Summary: Petitioner pleaded guilty to two counts of second-degree sexual assault. Petitioner subsequently filed in the trial court a pro se petition for writ of error coram nobis alleging that his guilty plea was coerced and that…
Date: February 6, 2014
Citation: 2014 Ark. 57
Docket Number: CR-84-149
Justia Opinion Summary: After a jury trial, Petitioner was found guilty of rape, aggravated robbery, and kidnapping and sentenced to 135 years’ imprisonment. Nearly thirty years after the date of his commitment, Petitioner filed a pleading that…
Date: February 6, 2014
Citation: 2014 Ark. 50
Docket Number: CV-13-175
Justia Opinion Summary: On July 12, 2010, Appellant was hired as a patient-care tech by Employer. On January 11, 2012, Employer terminated Appellant’s employment for Appellant's failure to become certified within eighteen months of being hired.…
Date: February 6, 2014
Citation: 2014 Ark. 48
Docket Number: CV-13-349
Justia Opinion Summary: Debtors executed a promissory note in favor of First State Bank to purchase a condominium. After Debtors defaulted on their loan, First State subsequently filed a complaint against Debtors, the loan’s guarantor, and the…
Date: February 6, 2014
Citation: 2014 Ark. 53
Docket Number: CV-13-570
Justia Opinion Summary: After Mother was arrested on charges of possession of drug paraphernalia, the circuit court entered an order placing Mother’s child with the child’s biological father (Father). The child was subsequently adjudicated the…
Date: February 6, 2014
Citation: 2014 Ark. 51
Docket Number: CV-13-858
Justia Opinion Summary: After Appellant, Mother of J.G., failed to pick J.G. up from school, the circuit court adjudicated J.G. dependent-neglected and removed J.G. from Mother’s home. After a permanency-planning hearing, the circuit court…
Date: February 6, 2014
Citation: 2014 Ark. 56
Docket Number: CV-14-36
Date: January 30, 2014
Citation: 2014 Ark. 44
Docket Number: CR-08-1019
Justia Opinion Summary: After a jury trial in 2008, Petitioner was found guilty of aggravated robbery and burglary. Petitioner’s motion for a new trial and petition for postconviction relief were denied. Petitioner subsequently filed a petition…
Date: January 30, 2014
Citation: 2014 Ark. 39
Docket Number: CR-12-157
Justia Opinion Summary: After a jury trial, Appellant was convicted of thirty-seven various sex offenses and sentenced to a total of thirty-seven years incarceration. After Appellant’s convictions were affirmed on appeal, Appellant filed a…
Date: January 30, 2014
Citation: 2014 Ark. 40
Docket Number: CR-13-390
Justia Opinion Summary: In 1991, Appellant was convicted and sentenced to death for the murders of Charles and Nancy Brannon. The circuit court later vacated Appellant’s convictions and sentences, finding that the prosecution’s failure to…
Date: January 30, 2014
Citation: 2014 Ark. 43
Docket Number: CR-86-114
Justia Opinion Summary: After a jury trial in 1985, Petitioner was found guilty of murder in the first degree and sentenced to life imprisonment. In 1987, the Supreme Court denied Petitioner’s petition to proceed in the trial court with a…
Date: January 30, 2014
Citation: 2014 Ark. 35
Docket Number: CV-11-1273
Justia Opinion Summary: Following the bankruptcy of BioBased Technologies, LLC, certain members of BioBased (Appellants) brought an action against other members, the members’ lawyers, and the managers of the corporation for fraud, breach of…
Date: January 30, 2014
Citation: 2014 Ark. 34
Docket Number: CV-13-247
Justia Opinion Summary: Mother and Father were divorced in 1999, and the circuit court granted primary custody of the parties’ three minor children to Mother. The circuit court later awarded custody of one of the parties’ children to Father and…
Date: January 30, 2014
Citation: 2014 Ark. 45
Docket Number: CV-13-424
Justia Opinion Summary: After a jury trial, Appellant was found guilty of first-degree murder and sentenced as a habitual offender to life imprisonment. The Supreme Court affirmed. Appellant subsequently filed a pro se petition for writ of…
Date: January 30, 2014
Citation: 2014 Ark. 46
Docket Number: CV-13-512
Justia Opinion Summary: After a jury trial, Appellant was found guilty of first-degree murder, committing a terroristic act, and being a felon in possession of a firearm. Appellant subsequently filed a petition for writ of habeas corpus,…
Date: January 30, 2014
Citation: 2014 Ark. 42
Docket Number: CV-14-22
Date: January 23, 2014
Citation: 2014 Ark. 24
Docket Number: CR-12-658
Justia Opinion Summary: After a jury trial, Appellant was found guilty of domestic battery in the first degree. Appellant subsequently filed a pro se petition for postconviction relief, which the trial court denied without a hearing. The…
Date: January 23, 2014
Citation: 2014 Ark. 25
Docket Number: CR-12-706
Justia Opinion Summary: Appellant pleaded guilty to multiple counts of aggravated robbery and theft of property and was sentenced to an aggregate sentence of life imprisonment. Almost twenty years after the judgment had been entered, Appellant…
Date: January 23, 2014
Citation: 2014 Ark. 28
Docket Number: CR-12-920
Justia Opinion Summary: After a jury trial, Appellant was found guilty of four counts of sexual assault of a fourteen-year-old boy. The Supreme Court affirmed. Appellant subsequently filed a pro se petition for postconviction relief, claiming…
Date: January 23, 2014
Citation: 2014 Ark. 23
Docket Number: CR-13-444
Justia Opinion Summary: After a jury trial, Appellant was found guilty of capital murder, for which he was sentenced to a term of life imprisonment without the possibility of parole, and other offenses. On appeal, Appellant argued that the…
Date: January 23, 2014
Citation: 2014 Ark. 29
Docket Number: CR-13-975
Justia Opinion Summary: After a jury trial, Appellant was found guilty of murder in the second degree and sentenced as a habitual offender to 540 months’ imprisonment. Appellant subsequently filed a petition for postconviction relief seeking to…
Date: January 23, 2014
Citation: 2014 Ark. 27
Docket Number: CR-87-61
Justia Opinion Summary: In 1986, Petitioner was found guilty of three felony offenses for which the circuit court imposed an aggregate sentence of life imprisonment. The Supreme Court affirmed. In 2013, Petitioner filed a pro se petition for…
Date: January 23, 2014
Citation: 2014 Ark. 19
Docket Number: CV-12-407
Justia Opinion Summary: Appellee, who was seventeen years old at the time of the offenses, pled nolo contedere to committing several crimes, including kidnapping. The circuit court sentenced Appellee to life imprisonment for his kidnapping…
Date: January 23, 2014
Citation: 2014 Ark. 21
Docket Number: CV-13-158
Justia Opinion Summary: Arloe Designs, LLC proposed to build a building at an airport. Arkansas Capital Corporation (ACC) and National Bank of Arkansas (NBA) allegedly worked together to procure a loan for the building’s construction. After the…
Date: January 23, 2014
Citation: 2014 Ark. 20
Docket Number: CV-13-333
Justia Opinion Summary: Nationwide Mutual Fire Insurance Company issued a policy to Danny Ludwick insuring his home and its contents. The policy named Citizens Bank & Trust Company as the first mortgagee. The dwelling was subsequently destroyed…
Date: January 23, 2014
Citation: 2014 Ark. 22
Docket Number: CV-13-718
Justia Opinion Summary: After an automobile accident, Fran Biba sued Trevor Taylor and his employer, Rick Taylor, Inc. The district court awarded Biba damages and assigned Biba ten-percent fault, resulting in a judgment of $9,140. Taylor…
Date: January 23, 2014
Citation: 2014 Ark. 26
Docket Number: CV-13-759
Justia Opinion Summary: Appellant pleaded guilty to rape and was sentenced as a habitual offender to 180 months’ imprisonment. Appellant subsequently filed a petition for writ of habeas corpus, making several allegations. The circuit court…
Date: January 23, 2014
Citation: 2014 Ark. 30
Docket Number: CV-13-987
Justia Opinion Summary: After a jury trial, Appellant was found guilty of possession of a controlled substance with intent to deliver. Appellant later filed a pro se petition for writ of habeas corpus, contending (1) he was subjected to an…
Date: January 23, 2014
Citation: 2014 Ark. 33
Docket Number: CV-14-45
Date: January 16, 2014
Citation: 2014 Ark. 15
Docket Number: CR-03-1319
Justia Opinion Summary: After a jury trial, Petitioner was found guilty of rape and terroristic threatening in the first degree. The court of appeals affirmed. Petitioner subsequently filed a petition requesting that jurisdiction be reinvested…
Date: January 16, 2014
Citation: 2014 Ark. 16
Docket Number: CR-05-1381
Justia Opinion Summary: After a jury trial, Petitioner was found guilty of several offenses, including rape and kidnapping. The court of appeals affirmed. Petitioner subsequently filed a petition for postconviction relief, which was denied.…
Date: January 16, 2014
Citation: 2014 Ark. 7
Docket Number: CR-12-118
Justia Opinion Summary: After a jury trial, Defendant was found guilty of capital murder and sentenced to death. The Supreme Court affirmed Defendant's conviction and sentence. Later, Defendant petitioned the Supreme Court to reinvest…
Date: January 16, 2014
Citation: 2014 Ark. 6
Docket Number: CR-12-338
Justia Opinion Summary: Appellant was convicted of premeditated and deliberated capital murder and sentenced to life in prison without the possibility of parole. The Supreme Court affirmed. Appellant subsequently filed a petition for…
Date: January 16, 2014
Citation: 2014 Ark. 10
Docket Number: CR-12-669
Justia Opinion Summary: After a jury trial, Appellant was found guilty of aggravated robbery. The court of appeals affirmed. Appellant subsequently filed a pro se petition for postconviction relief pursuant to Ark. R. Crim. P. 37.1, raising…
Date: January 16, 2014
Citation: 2014 Ark. 11
Docket Number: CR-13-1006
Date: January 16, 2014
Citation: 2014 Ark. 18
Docket Number: CR-13-389
Date: January 16, 2014
Citation: 2014 Ark. 8
Docket Number: CR-13-488
Justia Opinion Summary: Defendant entered a conditional guilty plea to trafficking a controlled substance. The court of appeals affirmed. Defendant subsequently filed a petition for review, arguing that the circuit court erred in failing to…
Date: January 16, 2014
Citation: 2014 Ark. 17
Docket Number: CR-13-802
Justia Opinion Summary: After a jury trial, Appellant was found guilty of capital murder and aggravated robbery. Appellant was sentenced to life imprisonment without parole. On appeal, Appellant argued that the trial court erred when it…
Date: January 16, 2014
Citation: 2014 Ark. 14
Docket Number: CR-87-224
Justia Opinion Summary: Petitioner was found guilty of kidnapping and sentenced to 240 months’ imprisonment. The court of appeals affirmed. Petitioner subsequently filed a petition in the Supreme Court requesting that jurisdiction be reinvested…
Date: January 16, 2014
Citation: 2014 Ark. 13
Docket Number: CV-13-1134
Justia Opinion Summary: Appellant filed a motion for rule on clerk to have his appeal docketed. The clerk refused to docket the appeal because the order of the circuit court granting an extension of time to lodge the record on appeal did not…
Date: January 9, 2014
Citation: 2014 Ark. 1
Docket Number: CR-13-173
Justia Opinion Summary: After a jury trial, Defendant was convicted of capital murder, attempted capital murder, and possession of a controlled substance. Defendant was sentenced to death for the murder conviction. The Supreme Court affirmed…
Date: January 9, 2014
Citation: 2014 Ark. 3
Docket Number: CV-13-1051
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