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| Jefferson v. State, CA CR 01-267,
COURT OF APPEALS OF ARKANSAS, DIVISION TWO, January 9, 2002, Opinion Delivered
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Overview: Defendant's stop was impermissible because nothing about his behavior prior to stop gave officer reasonable suspicion to believe he committed or was about to commit crime, and, thus, his subsequent discarding of pill bottle was not abandonment.
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| Johnson v. Sentinel-Record, Inc., CA01-702,
COURT OF APPEALS OF ARKANSAS, DIVISION THREE, January 9, 2002, Decided
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Overview: Summary judgment was properly granted because employer and supervisor presented prima facie evidence alleging legitimate reason for employee's termination; employee's evidence did not address legitimacy of proffered reason for termination.
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| Liberty Mut. Ins. Co. v. Chambers, CA 01-424,
COURT OF APPEALS OF ARKANSAS, DIVISIONS ONE, TWO AND THREE, January 9, 2002, Opinion Delivered
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Overview: Workers' compensation insurer was obligated to provide claimant with wheelchair-accessible, hand-controlled van and was not merely responsible for the cost of converting a van to wheelchair accessibility.
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| McAdams v. Alcoholic Bev. Control Div., CA01-691,
COURT OF APPEALS OF ARKANSAS, DIVISION ONE, January 9, 2002, Decided
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Overview: As club owner failed to show how Arkansas Alcoholic Beverage Control Board's regulation restricting hours of alcohol sales would cause him irreparable harm, and he had an adequate remedy at law, chancellor properly denied petition for injunction.
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| Morris v. Rush, CA 01-672,
COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, January 9, 2002, Opinion Delivered
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Overview: Home buyers, who alleged fraud and breach of contract against sellers when they discovered settling problems, had relied on their own inspectors, so sellers did not fraudulently induce buyers. Buyers could not rely on contract's "as is" clause.
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| Nat'l Union Fire Ins. Co. v. Guardtronic, Inc., CA 00-1464,
COURT OF APPEALS OF ARKANSAS, DIVISIONS THREE AND FOUR, January 9, 2002, Opinion Delivered
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Overview: Exculpatory clauses in contract to provide fire detection services were valid because they were not inequitable, were not ambiguous, clearly set out what negligent liability was to be avoided, and were entered into freely and voluntarily.
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| Richards v. State, CACR 00-1456,
COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, January 9, 2002, Decided
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Overview: Defendant could not argue as to sufficiency of State's evidence against him as he did not move at trial for directed verdict on charge. Defendant's other objections were not preserved for appellate review or were improperly before court.
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| Shepard v. ALCOA, CA 01-646,
COURT OF APPEALS OF ARKANSAS, DIVISION ONE, January 9, 2002, Opinion Delivered
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Overview: Where employee raised estoppel issue in workers' compensation hearing, that issue was properly raised, and therefore, the commission should have conducted a de novo review and addressed the estoppel theory.
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| Sims v. State, CACR01-46,
COURT OF APPEALS OF ARKANSAS, DIVISION THREE, January 9, 2002, Decided
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Overview: Defendant's counsel was permitted to withdraw where appeal was without merit as speedy trial argument was waived, inculpatory statement was voluntary, evidence was sufficient, and sentences were within statutory range and not excessive.
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| Smith v. Office of Child Support Enforcement, CA 01-328,
COURT OF APPEALS OF ARKANSAS, DIVISION TWO, January 9, 2002, Opinion Delivered
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Overview: Court did not err in entering judgment of paternity against father where DNA test confirmed he was child's father, and res judicata did not bar paternity suit as he had not been party to divorce between mother and child's purported father.
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