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   State Courts - Arkansas - January 21, 2004

  
AFPC, Inc. v. Wallace, CA03-627, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, January 21, 2004, Decided
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Overview: In corporation's appeal of directed verdict in tort litigation, judgment on breach of contract claim was reversed and remanded; substantial evidence was presented on the issue to survive the motion to dismiss.

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Aldridge v. State, No. CACR02-971, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, January 21, 2004, Opinion Delivered
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Overview: The trial court lacked jurisdiction to revoke defendant's suspended imposition of sentence in 2002 because the trial court's action in 2000 was tantamount to a revocation, and the trial court could not revoke sentence a second time.

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Byme, Inc. v. Ivy, CA 03-716, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, January 21, 2004, Opinion Delivered
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Overview: In relocation company's appeal of summary judgment for real estate sellers, judgment was reversed; whether or not the condition subsequent in the sales contract occurred was a question of fact, so summary judgment was inappropriate.

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Dobbins v. Dobbins, CA03-210, COURT OF APPEALS OF ARKANSAS, January 21, 2004, Decided
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Overview: In divorce case, the husband was properly awarded custody of the couple's children, because the wife's boyfriend had a poor reputation. A baseball collection purchased in part from marital funds had to be divided between the couple.

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Ghoston v. State, CA CR 03-32, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, January 21, 2004, Opinion Delivered
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Overview: Court committed reversible error in restricting defendant's cross-examination of key witness, where evidence showed that witness had severely beaten another witness who did not provide him with alibi for the shooting, as he had instructed her to do.

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Hankins v. State, CA CR 03-275, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, January 21, 2004, Opinion Delivered
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Overview: A trial court had the authority to modify a sentence pronounced in open court prior to the entry of judgment because the oral order was not effective until set forth in writing and filed of record.

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Harrison v. Davis, CA03-168, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, January 21, 2004, Decided
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Overview: The circuit court did not err in modifying child custody in favor of the child's father; the mother used marijuana, engaged in illicit sexual conduct, relocated eight times in nine years, and prevented the father from exercising his visitation.

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Johnson v. State, CACR03-312, COURT OF APPEALS OF ARKANSAS, January 21, 2004, Decided
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Overview: The trial court properly convicted defendant of aggravated robbery and first-degree battery, where he shot the victim and threatened to shoot him again if he did not put all of his money on the floor. He was not entitled to suppress his confession.

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Kent v. USAble Life, CA 03-431, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, January 21, 2004, Opinion Delivered
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Overview: The ex-wife was correctly awarded the decedent's life insurance policy proceeds where the decedent had not changed the beneficiary of the policy from the ex-wife before his death.

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Lewis v. Dir., Empl. Sec. Dep't, E 03-256, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, January 21, 2004, Opinion Delivered
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Overview: The employee should have been awarded unemployment benefits for leaving his job for good cause. The employer discriminated against the employee in reassigning him to a lesser paying position that could have been filled by other employees.

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