Arkansas, January, 2005, State Case law

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State Courts - Arkansas - January 5, 2005

Bingham v. City of Jonesboro, CA 04-172, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, January 5, 2005, Opinion delivered
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Overview: Trial court erred in quashing the writ of garnishment and reducing the landowners' judgment; the jury took the prior payment by the City to the landowners into account in making its award and was asked by the landowners to award an additional amount.

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Cole v. Cole, CA 04-424, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, January 5, 2005, Opinion delivered
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Overview: Trial court erred in calculating husband's child support obligation because it deviated from child support guidelines in calculating husband's income in that it failed to include income from whatever source and considered only one year's tax returns.

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Coombe v. Coombe, CA 04-458, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, January 5, 2005, Opinion delivered
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Overview: In a divorce action, court erred in determining that cattle was not a marital asset, as the cattle was purchased by the husband during the parties' marriage and while they were separated; court should have divided the value of the cattle equally.

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Daniels v. State, CA CR 04-5, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, January 5, 2005, Decided
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Overview: Substantial evidence supported defendant's conviction for attempted first-degree murder ,where he sliced the victim's throat and stabbed her in the chest, declaring that she was going to die.

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Elliott v. State, CACR04-33, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, January 5, 2005, Decided
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Overview: Because defendant's Addendum in his brief was insufficient and did not contain a notice of appeal, defendant was ordered to submit another brief containing a revised Addendum with all necessary documents.

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Hill v. State, CACR03-1433, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, January 5, 2005, Decided
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Overview: Methamphetamine seized as a result of illegal frisk was the fruit of the poisonous tree and had to be suppressed, as officer failed to articulate any factual basis for reasonable belief defendant was dangerous or might have gained access to a weapon.

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Johnson v. Ark. Dep't of Human Servs., CA04-303, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, January 5, 2005, Decided
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Overview: An order placing a father's two children in the permanent custody of their maternal grandmother was upheld because the father had verbally and physically abused the children's mother, who was mentally ill, while the oldest child was at home.

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Long v. Bonds, CA 04-184, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, January 5, 2005, Opinion delivered
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Overview: Court erred in awarding judgment to plaintiff in his breach of contract action against defendant, as plaintiff's failure to comply with service requirements resulted in a failure to commence action so as to effectuate one-year savings provision.

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Lynn v. State, CACR04-287, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, January 5, 2005, Decided
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Overview: Warrantless entry into defendant's house was not justified by exigent circumstances, as, although police detected odor that led them to believe that there was drug lab inside, there was no evidence that defendant's teenage daughter was in danger.

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Meadows v. State, CACR04-221, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, January 5, 2005, Decided
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Overview: Where defendant fled from police after attempting to buy case lots of ephedrine pills, the trial court properly denied his motion to sever the charges of aggravated assault and fleeing from the possession of drug paraphernalia charge.

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