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   State Courts - Arkansas - December 1, 1999

  
Hatley v. State, CA CR 99-416, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, December 1, 1999, Opinion delivered
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Overview: Defendant failed to preserve for appellate review his jury instruction on the culpable mental state for the offense of refusal to submit to a chemical test; defendant failed to proffer his instruction at trial.

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Hodges v. Cannon, CA 99-230, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, December 1, 1999, Opinion delivered
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Overview: Will contest dismissed as beneficiaries did not unduly influence decedent and he had testamentary capacity, evidence did not satisfy statutory requirements for oral contract to make will, baseless filing sanctions reversed.

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Hoots v. Hoots, No. CA 99-423, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, December 1, 1999, Opinion Delivered
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Overview: Change of child custody denied, since non-custodial parent had only proven her circumstances had changed, and that alone was not enough to prove a material change in the circumstances affecting the welfare of the children.

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J.F. v. State, No. CA99-429, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, December 1, 1999, Opinion Delivered
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Overview: The uncorroborated testimony of a five-year-old alleged rape victim that penetration took place was enough for conviction and adjudication of juvenile appellant as delinquent.

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Lewis v. State, No. CACR99-348, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, December 1, 1999, Opinion Delivered
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Overview: Fourteen-year old victim's testimony, her age, and fact that defendant was her stepfather was substantial evidence to support findings of penetration and forcible compulsion in defendant's rape conviction.

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Martin v. Arkansas Empl. Sec. Dep't, No. E99-166, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, December 1, 1999, Opinion Delivered
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Overview: The denial of unemployment compensation benefits was reversed because it was not supported by substantial evidence when the claimant's uncontradicted testimony showed that he made reasonable attempts to prevent the accusation of stealing.

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Montague v. State, CA CR 99-356, COURT OF APPEALS OF ARKANSAS, December 1, 1999, Opinion delivered
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Overview: Conviction and sentence for DWI were vacated because defendant could not be convicted of both an offense requiring commission of an underlying offense, negligent homicide, and the underlying offense, DWI.

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Nunley v. Jacuzzi Bros., No. CA 99-465, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, December 1, 1999, Opinion Delivered
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Overview: Commission's finding that claimant failed to prove she suffered a compensable injury was affirmed because she could not pinpoint date of injury and testimony was inconsistent regarding knowledge of injury cause.

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Patterson v. State, No. CACR 99-498, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, December 1, 1999, Opinion Delivered
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Overview: Convictions for aggravated robbery and theft of property were affirmed, because court rejected appellant's arguments regarding consent to search, malicious prosecution, and alleged perjury by the police and the victim.

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Rager v. Turley, CA 99-104, COURT OF APPEALS OF ARKANSAS, December 1, 1999, Opinion delivered
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Overview: Wrongful death settlement was properly authorized because appellant illegitimate son failed to prove he was a beneficiary and settlement was properly evaluated. Failure to hold proceeds distribution hearing was error.

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