Arkansas, January, 2009, State Case law

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State Courts - Arkansas - January 28, 2009

Smith v. Smith, No. CA 08-577, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, January 28, 2009, Opinion Delivered
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Overview: Order granting child custody to the husband was affirmed, because the agreed temporary order awarding the wife primary physical custody was not a final decree or a final adjudication of custody, and as a result, the circuit court was not required to find a material change in circumstances before awarding custody to the husband.

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Snider v. State, No. CACR08-507, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, January 28, 2009, Opinion Delivered
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Stepping Stone Sch. v. Ferrari, No. CA08-655, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, January 28, 2009, Opinion Delivered
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Overview: Workers' compensation award was affirmed, because after reviewing the claimant's past work history and her restrictions due to her 2006 injury, it was determined that the positions for which she would be qualified were lower paying positions that existed in fewer numbers than other positions.

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Vaughan v. Ark. HHS, No. CA 08-912, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, January 28, 2009, Opinion Delivered
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Overview: A mother's three children were properly adjudicated dependent-neglected under Ark. Code Ann. ? 9-27-303(18)(A)(ii), (v), (vi) (2008) because it could not be said that they were not affected by the abuse of the mother's stepchild; one child appeared to take the abuse as a proper example of how to behave and had begun to act inappropriately.

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Whitham v. Ark. Dep't of Human Servs., No. CA08-752, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, January 28, 2009, Opinion Delivered
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Overview: Even though hearsay evidence contained in child maltreatment investigative report was improperly admitted under Ark. Code Ann. ? 12-12-514, the error was harmless because testimony at the adjudication hearing supported the finding of sexual abuse and dependency-neglect was proven without the report under Ark. Code Ann. ?? 9-27-303 and 9-27-325(h).

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