Arkansas, January, 2006, State Case law

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State Courts - Arkansas - January 25, 2006

McBride v. State, CACR03-1320, COURT OF APPEALS OF ARKANSAS, January 25, 2006, Decided
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McTigrit v. Wright, CA05-428, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, January 25, 2006, Decided
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Overview: Court did not err in denying husband's motion to terminate spousal support after wife remarried; express written settlement agreement set forth exact date and time for termination of spousal support; thus, Ark. Code Ann. ? 9-12-312(a)(1)(A) applied, and evidence did not support the husband's assertion that he was misled into signing the agreement.

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Rogers v. State, CACR 05-491, COURT OF APPEALS OF ARKANSAS, DIVISIONS ONE AND TWO, January 25, 2006, Decided
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Overview: When officers encountered defendant in his vehicle he had been out drinking, his foot was on the brake pedal, but the keys were not in the ignition. Defendant was not in "actual physical control" for purposes of the DWI statute, Ark. Code Ann. ? 5-65-103(a). His conviction was not supported by sufficient evidence.

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Rollins v. Rollins, CA05-693, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, January 25, 2006, Decided
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Overview: An award of attorney fees to the siblings' brother for legal work on their mother's estate was appropriate pursuant to Ark. Code Ann. ? 28-48-108(d)(2) where the trial court's order recited the factors taken into consideration in making the award, which was approximately one-third less than the amount authorized by the statute.

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Soto v. State, No. CACR03-01361, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, January 25, 2006, Opinion Delivered
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Overview: Where defendant's minor children testified that he sexually abused them, the medical evidence and other testimony corroborated the victims' accounts. Substantial evidence supported the jury verdicts convicting defendant of two counts of rape.

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St. Vincent Health Sys. Alternative Ins. Mgmt. v. James, CA05-822, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, January 25, 2006, Decided
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Overview: Commission's decision that found that an employee sustained a compensable work injury under Ark. Code Ann. ??11-9-102(4)(A) to her neck and back was affirmed as the employee told her supervisor about the injury when it occurred, and her doctor testified within a reasonable degree of medical certainty that the injuries were caused by the accident.

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Steer v. State, CACR 05-189, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, January 25, 2006, Decided
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Overview: Where a trial court did not advise defendant of the specific dangers in representing himself, the appellate court reversed defendant's conviction as defendant did not make a knowing waiver of his right to counsel under U.S. Const. amend. VI and XIV and Ark. Const. art. 2, ? 10 as the trial court erred in failing to conduct a proper inquiry.

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Wal-Mart Stores, Inc. v. Jackson, CA05-867, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, January 25, 2006, Decided
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Overview: Arkansas Workers' Compensation Commission's decision to award 40 percent wage loss benefits to employee pursuant to Ark. Code Ann. ? 11-9-522(b)(1) (2002), in addition to a 15 percent anatomical impairment, was supported by substantial evidence where the employee was 47 years old at the time of the hearing and had only completed the eleventh grade.

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Wal-Mart Stores, Inc. v. Maguire, CA 05-830, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, January 25, 2006, Decided
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Overview: Under Ark. Code Ann. ? 11-9-102(16), employee's physical therapist's testimony, that he observed employee's muscle spasms, was credible, satisfying requirement that employee present objective findings of injury. Employee proved by preponderance of evidence that she remained in healing period and could not return to full-time work until August 2004.

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Wilson v. State, CACR05-597, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, January 25, 2006, Decided
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Overview: Appellate court affirmed defendant's convictions as defendant's motion to dismiss was essentially a motion to suppress evidence found in the traffic stop, and defendant's motion was not filed until after the State's case and not 10 days before the start of trial as required by Ark. R. Crim. P. 16.2(b).

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