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2017 Ark. App. 492

Jefferson v. State

Court of Appeals of Arkansas

Decided October 4, 2017

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Court of Appeals of Arkansas · decided 2017-10-04

Cited by 4 later decisions — most recently March 2021

4 state decisions

Relies on 2010 Ark. App. 600 - Mooney v. AT & T

Good law ✅— No negative treatment on recordhow we know

Decided 2017-10-04

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Waymond M. Brown, Judge,

¶1concurring.

¶2• I agree with the majority that this case should be affirmed. However, I write separately to express my concern about the majority reaching Jefferson’s new-trial argument when that issue is not properly before us. In Jefferson’s.notice of appeal, filed on August 26, 2016, Jefferson stated that he was appealing the order entered on July 5, 2016. He then went on to give a chronological history of this case but failed to state that he was also appealing the court’s denial of his motion for a new trial. Óur case law dictates that a notice of appeal must identify the orders appealed from, and orders not mentioned in a notice of appeal are not properly before us.5 Since Jefferson failed'to include the denial of his motion for new trial in his notice of appeal, this court should not have addressed any issues related to that denial.

Brown, J., concurs.

¶3. Ramsey v. State, 2010 Ark. App. 601, 2010 WL 3582512.

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