The Hoglawyer

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Thursday, May 28, 2009 - 13:18:54

I want my two dollars !!!

In the movie, "Better Off Dead," with John Cusack, there is this sub-plot of the local newspaper delivery boy stalking Cusack to get his $2.  Some people will go to great lengths to get their $2 in real life as well. Demetrius Heard of Lonoke County believed that he was also owed $2. To get his money back, he threatened the victim with a toy gun. For his unusual collection method, he was charged and convicted of aggravated robbery. The Court of Appeals reversed and dismissed the conviction. This case was unusual because the victim admitted that he owed Heard the $2. The Court said you can't be convicted of robbery for stealing your own money. Now, the Court didn't approve of this collection method, but just stated it was not a robbery. It could have been an assault ( creating imminent apprehension of bodily harm) but Heard wasn't charged with that - so is is a free man. I'm not sure if he gets his toy gun back or not.

http://courts.arkansas.gov/court_opinions/coa/2009a/20090527/published/cacr09-36.pdf

Posted by Hoglawyer at 01:18 PM | Permalink | Comments [0]

Publishing to Perish ?

In an interesting twist, the Arkansas Supreme Court today amended Ark. Sup. Ct. Rule 5-2 and will now allow all cases to be cited, doing away with the distinction between published and unpublished opinions. Also, the Court will make the electronic version of opinions the official form, doing away with the need to have the classic law books found on most lawyers' shelves. Most of us just have them around for show anyway - who really reads that stuff ( besides legal nerds like me)

Here is the text of the new rule: http://courts.arkansas.gov/court_opinions/sc/2009a/20090528/published/09-540.pdf

Posted by Hoglawyer at 12:53 PM | Permalink | Comments [0]