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| Bunting v. State, CACR 05-551,
COURT OF APPEALS OF ARKANSAS, DIVISION TWO, January 4, 2006, Decided
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Overview: In a robbery case, denial of defendant's motion for mistrial was proper when the prosecutor elicited testimony from a state's witness that she had seen defendant in jail-house clothing at a pretrial hearing as the purpose of the testimony was for identification of defendant, and any error could have been cured by an admonition to the jury.
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| Clem v. Estate of Hopkins, CA04-1302,
COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, January 4, 2006, Decided
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Overview: Probate court erred in ordering assets that contained survivorship rights be held in the registry of the court as there was no action pending in the probate court disputing ownership of the assets, and the niece, as the holder of the survivorship rights, was entitled to the assets under Ark. Code Ann. § 23-47-204(b)(2).
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| Duvall v. State, CACR05-417,
COURT OF APPEALS OF ARKANSAS, DIVISION TWO, January 4, 2006, Decided
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| Foster v. Express Pers. Servs. , CA05-602,
COURT OF APPEALS OF ARKANSAS, DIVISION ONE, January 4, 2006, Decided
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Overview: Workers' Compensation (WC) Commission erred in denying the employee's claim for WC benefits because the employee was injured in an area in which employment services were expected of her and she was furthering her employer's interests when she was injured; also the "coming-and-going rule" had no application to the case.
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| Gwin v. State, CACR05-708,
COURT OF APPEALS OF ARKANSAS, DIVISION THREE, January 4, 2006, Decided
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Overview: Defendant's conviction for violating Ark. Code Ann. § 23-66-502 by submitting a document to the Arkansas Insurance Commissioner that contained fraudulent information was overturned because the State failed to identify defendant as being the person who signed the insurance form, checked a box, or did anything to constitute a crime.
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| Johnson v. R&G Masonry , CA 05-623,
COURT OF APPEALS OF ARKANSAS, January 4, 2006, Decided
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Overview: There was substantial evidence to support a finding of Arkansas Workers' Compensation Commission that an employee who had worked for a masonry company was not permanently and totally disabled from back injury pursuant to Ark. Code Ann. § 11-9-519(e)(1) where record was replete with evidence that he was able to perform a light to medium type of job.
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| Musson Custom Bldg., Inc. v. Valladares, CA05-474,
COURT OF APPEALS OF ARKANSAS, DIVISION ONE, January 4, 2006, Decided
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Overview: General contractor's subcontracting roofing to roofing subcontractor, along with Chevron court's interpretation of terms "prime contractor" and "general contractor," was substantial evidence general contractor was prime contractor and statutorily liable for subcontractor of subcontractor's employee's injuries under former Ark. Code Ann. § 11-9-402.
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| Neal v. State, CACR 05-330,
COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, January 4, 2006, Decided
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| Parker v. Ga. Pac. Corp., CA 05-492,
COURT OF APPEALS OF ARKANSAS, DIVISION TWO, January 4, 2006, Decided
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Overview: Where the employee began experiencing the symptoms of carpal tunnel syndrome in the late 1990s, her workers' compensation claim filed in 2003 was barred by the two-year statute of limitations set forth in Ark. Code Ann. § 11-9-702.
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