Arkansas, January, 2003, State Case law

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State Courts - Arkansas - January 15, 2003

Britton v. Gault, CA 02-711, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, January 15, 2003, Opinion Delivered
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Overview: In vacating an adoption decree, the trial court never made a determination of whether the natural father qualified as a father whose consent was required so the matter was remanded to the trial court for an analysis of the evidence on that issue.

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Brown v. State, CACR02-502, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, January 15, 2003, Decided
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Overview: The motion to withdraw of appellant's counsel was denied because his brief failed to disclose all adverse rulings and assertedly prejudicial portion of an exhibit were not abstracted and were discussed only in general and conclusory terms.

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Cash v. Styers, CA02-504, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, January 15, 2003, Decided
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Overview: Where buyers proved that the seller falsely represented a material fact, and that fact induced the buyers to purchase the vehicle in question, buyers presented sufficient evidence of fraud in the inducement by the seller.

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Climer v. State, CA CR 02-392, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, January 15, 2003, Opinion Delivered
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Overview: Where defendant was fined and received probation upon conviction, which fine was not suspended, the trial court lost jurisdiction to modify the sentence and could not add a condition to probation in a revocation petition.

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Cooney v. State, CACR02-180, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, January 15, 2003, Decided
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Overview: Appellant's rape conviction was affirmed because any argument as to the sufficiency of the evidence was waived when appellant failed to renew his motion for dismissal at the close of all of the evidence.

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Esquibel v. State, CACR01-862, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, January 15, 2003, Decided
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Overview: Where defendant failed to show that trial court abused its discretion regarding the admissibility of witness testimony and the admissibility of a surveillance tape, defendant's points for reversal on appeal were without merit.

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Foley v. State, CACR 02-132, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, January 15, 2003, Decided
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Overview: Where defendant fled from police after a traffic stop at a high rate of speed, there was sufficient evidence to show that he acted recklessly; therefore, his conviction for manslaughter after the death of his passenger was proper.

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Hood v. State, CACR02-393, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, January 15, 2003, Decided
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Overview: There was no finding that a trial court abused its discretion in denying defendant's motion for a continuance in his probation revocation matter, based on the totality of the circumstances and the fact that the matter was relatively simple.

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Phillips v. State, CACR 02-454, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, January 15, 2003, Decided
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Overview: The revocation of appellant's probation was affirmed on the ground that the evidence supported the finding that appellant violated the conditions of his probation by committing the separate offense of aggravated robbery.

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Sawyer v. State, CACR02-270, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, January 15, 2003, Decided
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Overview: As defendant did not state specifically why the evidence in his theft case was insufficient, he failed to preserve the issue for review on appeal. Appellate counsel's motion to withdraw was granted, as the appeal was meritless.

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