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   State Courts - Arkansas - January 8, 2003

  
AJ&K Operating Co. v. Smith, 03-232, SUPREME COURT OF ARKANSAS, January 8, 2003, Opinion Delivered
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Overview: A finding against the oil companies was improper where the circuit court abused its discretion in concluding that there was irreparable harm to the landowners and in refusing to modify the temporary restraining order.

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Brownfield v. State, CACR02-206, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, January 8, 2003, Decided
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Cherry v. State, CA CR 02-226, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, January 8, 2003, Decided
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Overview: There was sufficient evidence of defendant manufacturing methamphetamine as a jury could conclude that he possessed items for the purpose of manufacturing. Gun next to items used to manufacture drugs was under defendant's dominion and control.

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Gillespie v. State, CACR02-446, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, January 8, 2003, Decided
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Overview: Appeal was without merit and counsel was allowed to withdraw, as testimony of victim constituted substantial evidence that defendant raped her, and issue of whether denial of motion for reconsideration was erroneous was not preserved for review.

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Jones v. State, CACR02-474, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, January 8, 2003, Decided
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Kissire v. Southwestern Bell Tel. Co., CA02-40, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, January 8, 2003, Decided
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Overview: Because of the trial judge's failure to determine the cross-claim of the phone company against the construction company, the appeal was dismissed for lack of a final order.

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Krumrey v. Still, CA02-542, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, January 8, 2003, Decided
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Overview: Mother had legitimate reasons for relocation to Kansas City, Missouri, for a teaching job, which violated the trial court's orders concerning distance and the move did not present a material change of circumstances meriting a change of child custody.

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Smith v. State, CACR02-228, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, January 8, 2003, Decided
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Overview: Defendant's conviction for two counts of rape was proper, where the victims testified that defendant committed the acts, and the cases should not have been severed, as each victim's testimony would be admissible in the trial of the other.

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Tillery v. State, CACR 02-285, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, January 8, 2003, Decided
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Overview: Where defendant violated the terms of his probation by being convicted of possession of a controlled substance, defendant's appeal of his probation revocation was without merit and counsel's motion to withdraw was granted.

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Tillery v. State, CACR 01-879, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, January 8, 2003, Decided
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Overview: Where defendant's 12-year prison term was within the legislative limits, defendant's argument that the sentence was too harsh was rejected.

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