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November 20, 2008
Petitioner Michael Dunlap was found guilty by a jury of possession of a controlled substance with intent to deliver and possession of drug paraphernalia and sentenced as a habitual offender to an aggregate term of 480 months' imprisonment. The Arkansas Court of Appeals affirmed. Dunlap v. State, CACR 07-452 (Ark. App. Nov. 28, 2007)... Now before us are two requests filed by petitioner seeking at public expense, pursuant to the Freedom of Information Act, a copy of any sanctions, grievances,...
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November 20, 2008
On November 7, 1996, petitioner Stanley T. Norton was found guilty in a trial to the bench of battery in the first degree and sentenced to 264 months' imprisonment. No appeal was taken from the judgment. On December 13, 1996, petitioner entered a plea of guilty to residential burglary, attempted murder in the first degree, and rape. He was sentenced to an aggregate term of 480 months' imprisonment to be served consecutively to the 264 months' imprisonment imposed in the prior case... On August...
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November 20, 2008
In 2007, appellant John H. Boldin was found guilty by a jury of murder in the first degree and aggravated robbery and sentenced to consecutive terms of life and forty years' imprisonment. We affirmed. Boldin v. State, 373 Ark. 295, ___ S.W.3d ___ (2008)... On July 25, 2008, appellant filed in the trial court a pro se petition for postconviction relief pursuant to Arkansas Rule of Criminal Procedure 37.1. The petition was denied, and appellant lodged an appeal here from the order. Now before us...
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November 20, 2008
In 2005, petitioner John Patrick Dickinson was found guilty by a jury of capital murder and attempted murder in the first degree. He was sentenced to an aggregate term of life imprisonment without parole. We affirmed. Dickinson v. State, 367 Ark. 102, 238 S.W.3d 125 (2006). Subsequently, petitioner timely filed in the trial court a pro se petition for postconviction relief pursuant to Arkansas Rule of Criminal Procedure 37.1. The petition was denied on February 20, 2008. Petitioner timely filed...
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November 20, 2008
Denny Hyslip and Julie C. Tolleson, full-time, state-salaried public defenders for the Fourth Judicial District, were appointed by the trial court to represent appellant, Gregory Christopher Decay. Following a jury trial, Decay was convicted of two counts of capital murder and sentenced to death as to both counts. A notice of appeal was timely filed and a request for the transcribed record was filed in this case... Mr. Hyslip and Ms. Tolleson now ask to be relieved as counsel for appellant in...
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November 20, 2008
In 2006, appellant Derrick Shelton entered a plea of guilty to possession of a firearm by a felon, simultaneous possession of drugs and a firearm, and two counts of possession of crack cocaine with intent to deliver. One count of possession was a Class Y felony and the other count was a Class C felony. He was sentenced to an aggregate term of 144 months' imprisonment... Subsequently, appellant timely filed in the trial court a verified pro se petition under Arkansas Rule of Criminal Procedure...
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November 20, 2008
Appellant Edward Loveless is a prisoner incarcerated in the Arkansas Department of Correction. Appellant filed a pleading styled as a petition for declaratory judgment and writ of mandamus in Jefferson County Circuit Court. The trial court dismissed the petition and appellant lodged an appeal of the order in this court. Appellant previously brought a petition in which he sought a writ of certiorari to include a copy of the petition for declaratory judgment within the record and a number of...
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November 20, 2008
Following a bench trial in the Pulaski County Circuit Court, appellant Justin Ewell was convicted of aggravated robbery, theft of property, and two counts of kidnapping. Ewell received an enhanced sentence of life imprisonment under Ark. Code Ann. § 5-4-501(d)(1)(A) (Supp. 2007) for aggravated robbery because of his previous violent felony convictions. The trial court also sentenced Ewell to serve three concurrent ten-year sentences for the theft of property and kidnapping convictions. On...
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November 20, 2008
Appellant Cameron Williams was convicted of two counts of capital murder and now appeals his conviction, asserting that the trial court erred in denying his motion for directed verdict because the State failed to sufficiently corroborate his accomplices' testimony. Because this is a criminal appeal in which life imprisonment has been imposed, this court has jurisdiction under Arkansas Supreme Court Rule 1-2(a)(2). We find that appellant's argument is not preserved for our review and affirm......
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November 20, 2008
In 2007, appellant Daniel Sanders was convicted by a jury of multiple criminal offenses and sentenced as a habitual criminal to an aggregate term of 540 months' incarceration. Appellant was represented at trial by his retained attorney, John Marshall May.1 No appeal was taken. Appellant timely filed in this court a pro se motion for belated appeal pursuant to Arkansas Rule of Appellate Procedure—Criminal 2(e) seeking to proceed with the direct appeal of the criminal convictions. We...
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November 20, 2008
In 2004, appellant Darrell F. Watson was found guilty of aggravated robbery and theft of property and sentenced to an aggregate term of 264 months' imprisonment. The Arkansas Court of Appeals affirmed. Watson v. State, CACR 04-1398 (Ark. App. Aug. 31, 2005). Subsequently, he sought relief in the trial court pursuant to Criminal Procedure Rule 37.1. The petition was denied, and we affirmed the order. Watson v. State, CR 06-148 (Ark. Oct. 5, 2006) (per curiam)... In 2008, appellant filed in the...
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November 20, 2008
A jury found appellant Kenneth Allan Britt guilty of manufacturing methamphetamine, possessing drug paraphernalia with intent to manufacture methamphetamine, and fleeing, and sentenced him to an aggregate term of 240 months' imprisonment in the Arkansas Department of Correction. The Arkansas Court of Appeals affirmed the judgment. Britt v. State, CACR 07-103 (Ark. App. Nov. 7, 2007), petition for review denied CR 07-1224 (Ark. Feb 7, 2008) (per curiam). Appellant filed in the trial court a...
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November 20, 2008
Petitioner, International Paper Company, invokes this court's original jurisdiction to request a writ of prohibition to prevent the Clark County Circuit Court from exercising jurisdiction over matters alleged to be within the exclusive jurisdiction of the Arkansas Workers' Compensation Commission. Our jurisdiction is pursuant to Ark. Sup. Ct. R. 1-2(a)(3). We find merit to Petitioner's request and grant the writ of prohibition... Our review of the pleadings reveals the following information. On...
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November 20, 2008
A judgment of conviction entered July 16, 2003, reflects that appellant Frederick Marks entered a plea of guilty to aggravated robbery for which a sentence of 480 months' imprisonment was imposed. He also pleaded guilty to possession of a firearm for which imposition of an additional 180 months' imprisonment was suspended... On March 26, 2008, appellant filed in the trial court a pro se petition for postconviction relief under Arkansas Rule of Criminal Procedure 37.1. The petition was denied,...
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November 20, 2008
On January 23, 2008, petitioner Benjamin Williams, Jr., an inmate incarcerated in the Arkansas Department of Correction, filed a petition for writ of habeas corpus in Lincoln County Circuit Court. On February 13, 2008, the circuit court entered an order that dismissed the petition. Petitioner timely filed a notice of appeal on March 11, 2008, and later filed a motion for an extension of time to file the record on appeal. The circuit court granted the motion for an extension of time to file the...
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November 19, 2008
After a bench trial, the Ouachita County Circuit Court granted possession of specific logging equipment to appellee, Arkansas Pulpwood Company, Inc., (hereinafter "Company") by order filed July 16, 2007. The issue presented is whether the trial court erred in finding that, as part of the agreement between the parties, appellant Richard Lewis had to be a timber contractor for the Company and in finding that Lewis was in default on the agreement. We find no error and affirm... In November...
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November 19, 2008
Judgment was entered on a jury verdict awarding appellee George Stokes $29,761.26 for conversion of a wheat crop. Appellant Southern States Cooperative, Inc. (Southern), brings this appeal, asserting that the Desha County Circuit Court made two rulings that prevented it from establishing its interest in the crop and that Stokes was not entitled to prejudgment interest. Stokes cross-appeals, contending that he was entitled to attorney's fees from Southern.1 We affirm on both direct appeal and on...
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November 19, 2008
Appellant, Noeline Cates, brings this appeal contending that appellee, Don Cates, failed to sufficiently corroborate his residency in Arkansas or his grounds for divorce, and that the trial court erred in not setting aside the divorce on account of an asserted mutual mistake of fact pertaining to the parties' property settlement. We affirm... This divorce case was commenced by the filing of appellee's complaint on August 30, 2006. The parties subsequently reached an agreement whereby grounds...
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November 19, 2008
Thomas Carmody and Dr. Norman Savers, as co-administrators of the Estate of Helen Coan, deceased, and on behalf of her heirs, have appealed from a circuit court's order construing the 1984 will of Ms. Coan's brother, Joseph Coan, Jr. Because Ms. Coan was disabled and remained incompetent all of her life, Mr. Coan served as guardian of her person and estate and set up a testamentary trust for her support in his will. Ms. Coan also had substantial assets of her own. Mr. Coan's will directed that,...
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November 19, 2008
Appellant was convicted of aggravated robbery, theft of property, and aggravated assault. On appeal, he argues that the evidence was insufficient to support his convictions. We affirm... When reviewing the sufficiency of the evidence to support a criminal conviction, we look at the evidence in the light most favorable to the State, considering only the evidence that supports the verdict, and affirm if there is substantial evidence to support the jury's conclusion. Morgan v. State, 359 Ark. 158,...
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