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   State Courts - Arkansas - February 20, 2002

  
Cook v. State, CA CR 00-983, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, February 20, 2002, Opinion Delivered
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Overview: Substantial evidence showed that first defendant was aware of second defendant's illegal activity and aided him. Warrant to search second defendant's house for body wire was valid. Ineffective assistance of counsel claim was not preserved.

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Cooper v. Dir. Arkansas Employment Security Dept., E01-108, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, February 20, 2002, Decided
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Overview: When doctor rescinded his note excusing employee from work, his unexcused absences, coupled with his earlier absences, made him subject to termination under employer's attendance policy; thus, he was not entitled to unemployment benefits.

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Curtis v. State, CA CR 01-564, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, February 20, 2002, Opinion Delivered
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Overview: Where police officer's and defendant's testimony, and trial judge's observations supported conclusion that defendant's gun was designed to be fired, substantial evidence supported conviction for simultaneous possession of drugs and a firearm.

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Europe v. State, CACR01-683, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, February 20, 2002, Decided
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Overview: Trial court did not err in finding that defendant made voluntary, knowing, and intelligent waiver of right to assistance of counsel where trial court inquired into his background and talked about dangers and disadvantages of self-representation.

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Feed Store Cafe v. Baker, CA01-757, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, February 20, 2002, Decided
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Overview: It was the duty of the workers' compensation commission to make credibility determinations as to conflicting evidence, and substantial evidence supported the commission's finding that an employee was entitled to additional medical services.

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Givens v. State, CA CR 01-104, COURT OF APPEALS OF ARKANSAS, DIVISIONS ONE AND TWO, February 20, 2002, Opinion Delivered
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Overview: Police officer's search of defendant's person did not exceed the permissible scope of a search for weapons where the officer felt a crack pipe during the patdown and the incriminating nature of the object was immediately apparent to the officer.

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Goodman v. Maness, CA01-556, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, February 20, 2002, Decided
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Overview: Purchasers rather than sellers prevailed on the case in trial court; thus, the trial court had to consider whether an award of attorney fees to the purchasers was warranted.

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Handy v. State, CACR01-701, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, February 20, 2002, Decided
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Overview: Evidence was sufficient to establish defendant's constructive possession where he was the only person in close proximity to cocaine and handguns, the cocaine was in plain view, and he admitted he controlled the residence where the items were found.

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Harden v. State, CACR00-1191, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, February 20, 2002, Decided
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Overview: Trial court did not err denying request for jury instruction defining first-degree sexual abuse as lesser-included offense of rape; first-degree sexual abuse was not lesser-included offense and there was no evidence supporting giving instruction.

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Hill v. Cent. Ark. Equip. & Supply, Inc., CA01-834, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, February 20, 2002, Decided
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Overview: Injured party alleging products liability did not show equipment defect or negate other accident causes, and, as to negligence claim, did not show product supplier's duty to supervise or warn him, or breach of supplier's duty to maintain product.

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