Arkansas, January, 2005, State Case law

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State Courts - Arkansas - January 6, 2005

Ark. Dep't of Human Servs. v. Isbell, 04-852, SUPREME COURT OF ARKANSAS, January 6, 2005, Opinion Delivered
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Overview: Where the circuit court withdrew its previous order requiring the Arkansas Department of Human Services (DHS) to perform a home study in Kansas, the DHS's request for a writ of prohibition to prevent enforcement of the order was moot.

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Bogachoff v. Ark. Dep't of Human Servs., 04-1183, SUPREME COURT OF ARKANSAS, January 6, 2005, Opinion Delivered
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Overview: Appellate court denied a motion to dismiss the mother's appeal for failure to file a record because an appeal from a termination of parental rights could not be conditioned on her ability to pay for the preparation of a record.

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Davis v. Davis, 04-351, SUPREME COURT OF ARKANSAS, January 6, 2005, Opinion delivered
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Overview: The circuit court did not misapply the state's Domestic Abuse Act by dismissing a wife's petition for an order of protection, because a mutual restraining order had already been entered in the parties' divorce case.

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Dednam v. State, CR 04-573, SUPREME COURT OF ARKANSAS, January 6, 2005, Opinion delivered
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Overview: Admission in defendant's murder trial of victim's statements implicating defendant's cousin in robbery did not violate Confrontation Clause because they were presented to establish basis for the cousin's arrest rather than truth of matter asserted.

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In re Supreme Court Comm. on Crim. Practice, [NO NUMBER IN ORIGINAL], SUPREME COURT OF ARKANSAS, January 6, 2005, Opinion Delivered
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Jimenez v. State, No. CR 04-1155, SUPREME COURT OF ARKANSAS, January 6, 2005, Opinion Delivered
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Overview: Petitioner's motion to lodge the record on the appeal of the denial of her petition for postconviction relief was denied, as petitioner did not show good cause for the failure to timely lodge the record.

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Joyner v. State, No. CR 04-1208, SUPREME COURT OF ARKANSAS, January 6, 2005, Opinion Delivered
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King v. State, No. CR 02-645, SUPREME COURT OF ARKANSAS, January 6, 2005, Opinion Delivered
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McElyea v. State, CR 04-771, SUPREME COURT OF ARKANSAS, January 6, 2005, Opinion delivered
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Overview: Sufficient evidence existed to convict defendant of robbery, where defendant struck a store employee after the employee caught him shoplifting and told defendant a report had to be filed, as defendant used physical force to avoid apprehension.

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Mittry v. Bancorpsouth Bank, 04-829, SUPREME COURT OF ARKANSAS, January 6, 2005, Opinion delivered
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Overview: Class certification was properly denied in an action brought by municipal bondholders for financial loss allegedly sustained by them as a result of trustee's commencement of litigation where individual issues predominated over issues common to class.

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