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   State Courts - Arkansas - January 23, 2002

  
Allstate Ins. Co. v. Voyles, CA 01-562, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, January 23, 2002, Opinion Delivered
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Overview: Court erred in granting directed verdict for home owner in claim against insurance company where evidence showed that the fire had been deliberately set, an accelerant had been used, and the owner was debt.

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Am. Investors Life Ins. Co. v. Butler, CA 01-533, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, January 23, 2002, Opinion Delivered
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Overview: Where insurance coverage for experimental treatment was only provided where certain conditions were met, trial court did not err in granting insured summary judgment as rules of construction supported decision that the provision did not apply.

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Arras v. State, CA01-250, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, January 23, 2002, Decided
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Overview: Trial court did not abuse its discretion in allowing evidence of defendant's sexual actions in front of children as this was relevant evidence; defendant could not demonstrate prejudice as indecent exposure charges were found to be not true.

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Campbell v. State, CACR 01-29, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, January 23, 2002, Decided
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Overview: Where prospective juror said it "would be difficult" for him to be impartial because of his prison ministry, trial court did not err in granting State's challenge for cause. Testimony of victim was sufficient to support rape conviction.

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Davis v. State, CACR01-502, COURT OF APPEALS OF ARKANSAS, January 23, 2002, Decided
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Overview: Evidence was sufficient to support aggravated robbery conviction where defendant locked victim in truck, hit him, and demanded money; victim's footprint was found on truck window and matching DNA was found on victim's and defendant's clothing.

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Death & Permanent Total Disability Trust Fund v. Brewer, CA 01-746, COURT OF APPEALS OF ARKANSAS, DIVISIONS THREE AND FOUR, January 23, 2002, Opinion Delivered
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Overview: Arkansas Workers' Compensation Commission did not err in requiring trust fund to withhold employee's one-half attorney's fees from his indemnity benefits, and issue by separate check withheld monies to employee's attorney.

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Eads v. State, CACR00-984, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, January 23, 2002, Decided
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Overview: Defendant could be charged and convicted of multiple incest counts, his inculpatory statement was given after Miranda waiver, and evidence of incest prior to time period in information was admissible under pedophile exception to evidence rules.

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McFarland v. Taylor, CA 01-585, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, January 23, 2002, Opinion Delivered
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Overview: Court properly denied injunction that would have required homeowner to allow mineral rights holder to use owner's road where the use had become excessive, and the residential use predated the mineral access use.

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Odom v. State, CACR00-1466, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, January 23, 2002, Decided
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Overview: Appellate court ordered defendant's counsel to supplement the transcript where voir dire, opening statements, and closing arguments were omitted from the record on appeal after counsel filed an Anders brief.

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Speck v. Wal-Mart Assocs., CA 01-706, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, January 23, 2002, Decided
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Overview: Arkansas Workers' Compensation Commission was correct in fining that employee failed to prove that her bilateral carpal tunnel syndrome was work-related as ALJ was entitled to credit one physician's opinion over another's.

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