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   State Courts - Arkansas - February 7, 2001

  
Barrientos v. State, CA CR 00-279, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, February 7, 2001, Decided
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Overview: That appellant's car was weaving within its own lane, and that the officer's felt the driver might be sleepy, did not constitute probable cause to stop appellant, so the trial court erred in not suppressing evidence found after the stop.

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Cunningham v. Walker, CA 00-533, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, February 7, 2001, Decided
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Overview: Co-tenants' claim to own property by adverse possession was rejected, as all co-tenants were relatives, and thus, those claiming adverse possession had a heavy burden to show they put other co-tenants on notice that their claims were adverse.

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Epps v. State, CA CR 99-869, COURT OF APPEALS OF ARKANSAS, DIVISIONS ONE AND TWO, February 7, 2001, Decided
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Overview: Though trial judge interrupted defense counsel's witness examinations with adverse evidentiary rulings, made sua sponte, he had authority to do so, and as his rulings were correct and did not indicate bias, reviewing court found no error.

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Erickson v. Erickson, CA00-421, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, February 7, 2001, Decided
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Overview: The appellate court modified the trial court's decision by deleting the finding of a constructive trust; the trial court had no authority to award 1,890 shares of stock to appellee's brother.

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Holsted v. McVay, CA 00-398, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, February 7, 2001, Decided
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Overview: Adoption order was affirmed; step-father and child's mother proved natural father failed significantly without justifiable cause to provide care and support for child. Father's lack of communication with child was also without justifiable cause.

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Hopper v. Daniel, CA 00-464, COURT OF APPEALS OF ARKANSAS, DIVISIONS ONE AND FOUR, February 7, 2001, Decided
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Overview: As the time spent in finding missing heirs was as necessary for appellants' adverse-possession case as it was for their partition action, their claim for the attorney fees thereby incurred was properly denied.

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J & J Marotti, Inc. v. Papachristou, CA 00-074, COURT OF APPEALS OF ARKANSAS, DIVISIONS ONE AND FOUR, February 7, 2001, Decided
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McDougal v. State, CACR00-718, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, February 7, 2001, Decided
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Overview: As appellant, who was convicted of refusal to submit to arrest, failed to make a directed-verdict motion regarding that charge to the trial court, the issue of the factual sufficiency of the evidence was not preserved for appellate review.

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McIntosh v. State, CACR 00-466, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, February 7, 2001, Decided
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Overview: Domestic battery conviction was reversed and remanded as the defendant did not knowingly and intelligently waive his right to counsel at trial.

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Moreland v. Hortman, CA 00-527, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, February 7, 2001, Decided
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Overview: Child support cases could only be consolidated when there was pending litigation; child support obligation was incorrectly calculated; reduction in child support obligation was error as there was no evidence of payor's gross income.

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