mere clerical error (Arkansas) · Go Syfert
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mere clerical error in Arkansas

7 Arkansas opinions name it 2 courts 1920–2025 2 in the last five years

The cases below were cited by Arkansas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
McCuen v. Stategreen
ark · 1999 · cited in 1 Arkansas opinions naming this issue, 2016–2016
2 sentences

2016See Samples v. State, 2012 Ark. 146 , at 2, 2012 WL 1130592 (per curiam) (Appellant’s motion did not assert a mere clerical error, but instead asserted that the date reflected in the judgment did not conform with the plea agreement which was a substantive claim.); Grissom v. State, 2009 Ark. 557 , at 2-3, 2009 WL 3681389 (per curiam) (An amended judgment entered nunc pro tunc to correct a clerical oversight because the judgment did not reflect that the appellant was sentenced as a habitual offender was a proper use of nunc pro tunc order.); McCuen v. State, 338 Ark. 631, 634-35 , 999 S.W.2d 68

2016See Samples v. State, 2012 Ark. 146 , at 2, 2012 WL 1130592 (per curiam) (Appellant’s motion did not assert a mere clerical error, but instead asserted that the date reflected in the judgment did not conform with the plea agreement which was a substantive claim.); Grissom v. State, 2009 Ark. 557 , at 2-3, 2009 WL 3681389 (per curiam) (An amended judgment entered nunc pro tunc to correct a clerical oversight because the judgment did not reflect that the appellant was sentenced as a habitual offender was a proper use of nunc pro tunc order.); McCuen v. State, 338 Ark. 631, 634-35 , 999 S.W.2d 68

11
Bobo v. Jonesgreen
ark · 2006 · cited in 1 Arkansas opinions naming this issue, 2006–2006
2 sentences

2006See Bobo v. Jones, 364 Ark. 564 , 222 S.W.3d 197 (2006); Cox v. Miller, 363 Ark. 54 , 210 S.W.3d 842 (2005); Carson v. Drew County, 354 Ark. 621 , 128 S.W.3d 423 (2003).

2006See Bobo v. Jones, 364 Ark. 564 , 222 S.W.3d 197 (2006); Cox v. Miller, 363 Ark. 54 , 210 S.W.3d 842 (2005); Carson v. Drew County, 354 Ark. 621 , 128 S.W.3d 423 (2003).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Arkansas. Read the followed side critically anyway.

Also cited on this issue (10)

CaseCitedYears
Jamie Demon Jacobs v. State of Arkansas neutral
arkctapp · 2023
1 sentence

2025In Jacobs v. State, 2023 Ark.

12025–2025
Mark Davis v. State of Arkansas green
arkctapp · 2024
2 sentences

2025Therefore, Davis’s motion is treated as one seeking Rule 37.1 postconviction relief. 2024 Ark.

2025Id. at 6, 700 S.W.3d at 246 .

12025–2025
Griggs v. Cook green
ark · 1993
2 sentences

2016Essentially, a “nunc pro tunc device cannot be used to enter an order in a case when the trial court has already lost the authority to act.” Griggs, 315 Ark. at 78 , 864 S.W.2d at 834 .

2016Essentially, a “nunc pro tunc device cannot be used to enter an order in a case when the trial court has already lost the authority to act.” Griggs, 315 Ark. at 78 , 864 S.W.2d at 834 .

12016–2016
Cox v. Miller green
ark · 2005
2 sentences

2006See Bobo v. Jones, 364 Ark. 564 , 222 S.W.3d 197 (2006); Cox v. Miller, 363 Ark. 54 , 210 S.W.3d 842 (2005); Carson v. Drew County, 354 Ark. 621 , 128 S.W.3d 423 (2003).

2006See Bobo v. Jones, 364 Ark. 564 , 222 S.W.3d 197 (2006); Cox v. Miller, 363 Ark. 54 , 210 S.W.3d 842 (2005); Carson v. Drew County, 354 Ark. 621 , 128 S.W.3d 423 (2003).

12006–2006
Carson v. County of Drew green
ark · 2003
2 sentences

2006See Bobo v. Jones, 364 Ark. 564 , 222 S.W.3d 197 (2006); Cox v. Miller, 363 Ark. 54 , 210 S.W.3d 842 (2005); Carson v. Drew County, 354 Ark. 621 , 128 S.W.3d 423 (2003).

2006See Bobo v. Jones, 364 Ark. 564 , 222 S.W.3d 197 (2006); Cox v. Miller, 363 Ark. 54 , 210 S.W.3d 842 (2005); Carson v. Drew County, 354 Ark. 621 , 128 S.W.3d 423 (2003).

12006–2006
Hargreaves v. United States green
scotus · 1935
1 sentence

1943In the case of Wilson v. U. S., 77 Fed. 2d 236, in which certiorari was denied by the Supreme Court of the United States, 295 U. S. 759 , 55 S. Ct. 926 , 79 L.

11943–1943
Rudo v. A. H. Bull Steamship Co. green
scotus · 1935
1 sentence

1943In the case of Wilson v. U. S., 77 Fed. 2d 236, in which certiorari was denied by the Supreme Court of the United States, 295 U. S. 759 , 55 S. Ct. 926 , 79 L.

11943–1943
Ballou v. Davis green
scotus · 1935
1 sentence

1943In the case of Wilson v. U. S., 77 Fed. 2d 236, in which certiorari was denied by the Supreme Court of the United States, 295 U. S. 759 , 55 S. Ct. 926 , 79 L.

11943–1943
Hyde and Smith v. State neutral
ark · 1925
2 sentences

1927In Hyde & Smith v. State, 168 Ark. 580 , 271 S. W. 330 , on an indictment for robbery, the indictment left out the word “did” in the clause alleging that, “by force and. intimidation, did take from the person of Sam Blevins,” etc. The word “did” as above used was omitted and assigned as error.

1927In Hyde & Smith v. State, 168 Ark. 580 , 271 S. W. 330 , on an indictment for robbery, the indictment left out the word “did” in the clause alleging that, “by force and. intimidation, did take from the person of Sam Blevins,” etc. The word “did” as above used was omitted and assigned as error.

11927–1927
Athletic Mining & Smelting Co. v. Sharp neutral
ark · 1918
1 sentence

1920But the point there was that certain lands had been twice described in the act, and we held this as an obvious error. iBut neither in that case, nor in any other case to which my attention has been called prior to that of Athletic Mining & Smelting Co. v. Sharp, supra, has it ever been held that it is immaterial that the Governor does not sign the same, or substantially the same, bill passed by the Legislature, if the variance arises out of a mere clerical error or misprision of an enrolling clerk or other clerical officer.

11920–1920

Where else courts name it

NY 32 (1830–2025) TX 23 (1872–2024) CA 19 (1913–2026) MO 16 (1892–2025) AL 12 (1896–2016) MS 10 (1931–2024) PA 10 (1893–2025) LA 9 (1825–2016) NC 9 (1896–2015) OK 9 (1910–1978) GA 8 (1913–1999) IL 8 (1897–2025) AR 7 (1920–2025) MN 6 (1887–1996) OR 6 (1902–1959) SC 5 (1910–2002) OH 4 (2013–2025) FL 4 (1931–1997) IN 4 (1862–1970) TN 4 (1925–2016) WI 4 (1889–2014) WA 4 (1920–2025) KS 4 (1902–2024) MT 3 (1925–1997) SD 3 (1919–1927) IA 3 (1892–2012) VA 3 (1872–1872) NE 3 (1896–1916) NV 2 (1878–1937) CT 2 (1963–2017) WY 2 (1935–1937) KY 2 (2024–2024) MA 2 (1925–2003) ID 2 (1916–2022) MI 2 (1931–1952)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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