Arkansas, January, 2006, State Case law

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State Courts - Arkansas - January 4, 2006

Pride v. State, CACR05-334, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, January 4, 2006, Decided
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Overview: Where the victim testified that she would not have engaged in sexual contact with the defendant had he not shot her, substantial evidence supported the defendant's conviction for rape, Ark. Code Ann. ? 5-14-103.

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Sabinske v. Morgan Bldgs. & Spas, Inc., CA05-695, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, January 4, 2006, Decided
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Overview: There was no dispute employee suffered a 20-year-old wrist injury that did not heal properly. Doctors were not under any mistaken belief regarding causation and evidence did not establish causal connection between his recent injury to same wrist and his need for wrist surgery. He was not entitled to compensable aggravation of preexisting condition.

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Seagraves v. Delta Consol. Indus., CA05-622, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, January 4, 2006, Decided
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Overview: A remand after an employee had been denied benefits in a workers' compensation case was proper where an aggravation of a preexisting non-compensable condition by a compensable injury was, itself, compensable pursuant to Ark. Code Ann. ? 11-9-102(4)(a)(i) (Supp. 2005).

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Smith v. Smith, CA 05-541, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, January 4, 2006, Decided
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Overview: Trial court's ruling that house was joint marital property even though there was undisputed evidence that the husband bought the home with his own money was affirmed as husband did not overcome presumption in Ark. Code Ann. ? 9-12-317(a) that he intended to create a tenancy by the entirety when parties executed the quitclaim deed to themselves.

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St. Edward Mercy Med. Ctr. v. Clark, CA05-785, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, January 4, 2006, Decided
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Overview: Decision of the Arkansas Workers' Compensation Commission that employee was entitled to reasonably necessary medical procedures under Ark. Code Ann. ??11-9-508(a) was affirmed because the Commission adopted the ALJ's findings that explained the reasonable basis and need for the tests.

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Strack v. Capital Servs. Group, LLC, CA05-702, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, January 4, 2006, Decided
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Overview: Where agreement allowed for buyout, plaintiff presented nothing beyond speculation that certain monies that were deposited into defendant's account months after he made his settlement offer represented income from a concealed source, such that his settlement should have been set aside for fraud. Thus, summary judgment for defendant was proper.

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Williams v. State, CACR05-697, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, January 4, 2006, Decided
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Overview: Evidence was sufficient to convict defendant of Class C felony theft of property where the case turned on circumstantial evidence and conflicting testimony; the trial judge was entitled to find the complainants testimony that they never signed the promissory notes more credible than defendant's, who admitted to signing the notes as a witness.

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