Arkansas, January, 2003, State Case law

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State Courts - Arkansas - January 22, 2003

Allen v. State, CACR02-31, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, January 22, 2003, Decided
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Overview: Trial court properly denied defendant a directed verdict at his probation revocation hearing because the State sufficiently proved he violated two conditions of probation, and appellate counsel was allowed to withdraw from his frivolous appeal.

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Archille Clemon Jennings v. State, CACR02-158, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, January 22, 2003, Decided
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Overview: Where defendant failed to properly abstract 213 page trial transcript, explaining his chain of custody argument on appeal, the appellate court remanded the appeal for rebriefing.

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Brown v. State, CACR02-441, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, January 22, 2003, Decided
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Overview: Revocation of defendant's probation was not clearly against a preponderance of the evidence, as record showed defendant, while on probation, had sold crack cocaine, tested positive for marijuana and cocaine, and failed to report to probation officer.

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Callie v. State, CACR01-1351, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, January 22, 2003, Decided
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Overview: Given similarity of victims' ages, defendant's relationship of paterfamilias with victims, and the manner of rape, trial court did not abuse its discretion in allowing defendant's stepdaughter to testify of rape as defendant's prior bad acts.

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Cheshire v. State, CA CR 02-580, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, January 22, 2003, Opinion Delivered
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Overview: Defendant's right to appeal from district court to circuit court was not limited to cases where there was a right to a jury trial. Failure of probation revocation petition to allege failure to pay fine was not preserved for appeal.

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Collins v. Ark. Dep't of Human Servs., CA 02-653, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, January 22, 2003, Decided
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Overview: Decision of the trial court to terminate the parental rights of the mother and the father was not clearly erroneous based on the evidence of the parents' drug and mental illness problems.

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Edwards v. State, CACR 02-236, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, January 22, 2003, Decided
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Overview: Sufficient evidence was presented to the jury to allow it to infer that defendant acted purposely in operating a vehicle in a manner to create a substantial danger of death or serious physical injury to an officer as defendant fled the scene.

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Flemmons v. State, CACR02-421, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, January 22, 2003, Decided
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Overview: Trial court did not abuse its discretion in admitting the contraband or crime lab report and there was sufficient evidence to support a finding of constructive possession of a controlled substance to support the revocation of defendant's probation.

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Frazier v. State, CACR02-127, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, January 22, 2003, Decided
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Overview: The appeal was frivolous. The State had shown by a preponderance of the evidence that appellant either committed theft of property or fleeing, which was sufficient for appellant's suspended sentence to be revoked.

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Hayes v. Dir. Empl. Sec. Dep't, E 02-232, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, January 22, 2003, Opinion Delivered
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Overview: Where appellate court could not discern a connection between the employee and the State of Arkansas, and consequently, the jurisdictional basis for the employee's unemployment claim, the appellate court remanded the case for findings.

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