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   State Courts - Arkansas - January 26, 2005

  
Ivy v. Ivy, CA04-216, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, January 26, 2005, Decided
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Overview: Trial court did not clearly err in awarding a husband child custody as the appellate court deferred to the trial court's decision to give weight to the fact that awarding custody to the husband meant that the children would remain in their community.

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Justice v. Thomas, CA04-493, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, January 26, 2005, Decided
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Overview: Decision not to award damages despite finding in favor of plaintiff was supported by evidence vehicle sustained minimal damage, injured party did not believe she was injured at scene, and she returned to pre-wreck activities after two months.

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Lee v. Alcoa Extrusion, Inc., CA 04-591, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, January 26, 2005, Opinion delivered
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Overview: The evidence supported the state workers' compensation commission's finding that the employee did not prove total and permanent disability related to an accident that occurred at work.

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McDonald v. State, CACR03-957, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, January 26, 2005, Decided
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Nazaretta v. State, CACR03-27, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, January 26, 2005, Decided
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Overview: While there was no corroborating evidence of the involvement of the third party, enough "other evidence" existed to connect defendants with the crime of conspiracy to manufacture methamphetamine.

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Ogburn v. State, CACR04-616, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, January 26, 2005, Decided
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Overview: Where defendant's notice of appeal specifically referenced that it was from an order denying his motion to suppress, rather than the judgment and commitment order, the notice of appeal was untimely.

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Pearson v. State, CACR 04-288, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, January 26, 2005, Decided
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Overview: Nature and immediacy of a university's concern about presence of drugs and alcohol in student dorm rooms was clear and presence of such items in plain view during an initial, uncontested, search of defendant's room warranted a more intrusive search.

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Phillips v. Union Pac. R.R. , CA 04-602, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, January 26, 2005, Opinion delivered
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Overview: Because the employee's cause of action accrued at the time the railroad failed to report the proper number of service credits, his complaint was filed outside the five-year statute of limitations period for written contracts.

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Pope County Quarries, LLC v. Standridge, CA04-447, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, January 26, 2005, Decided
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Overview: Mining company had breached lease with sellers by failing to pay for dirt already removed; the company ceased operating the quarry in November 2001 and failed to make annual payment to extend the agreement.

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Potocki v. St. Edward Mercy Med. Ctr., CA04-539, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, January 26, 2005, Decided
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Overview: Substantial evidence supported Arkansas Workers' Compensation Commission's finding that a claimant suffered from reflex sympathetic dystrophy (RSD) where one doctor diagnosed the claimant with RSD and a second doctor deferred to that diagnosis.

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