Arkansas, March, 2002, State Case law

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State Courts - Arkansas - March 6, 2002

Arsola v. State, CACR01-875, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, March 6, 2002, Decided
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Overview: Trial court properly determined defendant's testimony was not credible and State's witnesses' testimony supported finding defendant violated terms and conditions of his suspended sentences.

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Basler Elec. Co. v. Lamb, CA 01-896, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, March 6, 2002, Decided
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Overview: Workers' compensation commission finding that worker had not proven new back injury, but had proven recurrences of original compensable injury, was upheld. Doctor's report had predicted recurrences seven months before one happened.

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Bogy v. Bryant, CA01-936, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, March 6, 2002, Decided
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Overview: Neighbor did not meet his burden to show a ditch on a adjoining landowner's property was the acquiesced boundary line, where there was evidence of non-acquiescence of the ditch as the boundary at different times dating back nearly two decades.

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Brown Sch. Rehab. v. Ark. Dep't of Human Servs., CA01-971, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, March 6, 2002, Decided
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Overview: Trial court erred by affirming department of human service's denial of Medicaid funding to in-patient psychiatric facility where the termination was not based on discernable standards or criteria and was therefore arbitrary.

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Chambers v. State, CACR01-921, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, March 6, 2002, Decided
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Overview: Trial court was authorized to take judicial notice that marijuana was controlled substance and properly denied defendant directed verdict in drug possession prosecution, and rightfully denied suppression motion where search was valid.

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Cole v. Cole, CA01-895, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, March 6, 2002, Decided
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Overview: Probate judge's orders that estate be reopened to consider heir's objection that was pending at time estate was inadvertently closed and that estate administrator fulfill heir's discovery requests were not clearly erroneous and would be upheld.

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Cole v. State, CACR01-783, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, March 6, 2002, Decided
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Overview: Conviction for possession of controlled substance with intent to deliver was upheld, because there was sufficient evidence of constructive possession, corroborating evidence was sufficient, and denial of motion for mistrial was proper.

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Davis v. Lane Amos Concrete Constr., CA01-744, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, March 6, 2002, Decided
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Overview: Workers' compensation commission's finding that claimant's most recent injury was not causally related to his compensable injury was supported by substantial evidence, and, thus, it did not err in denying his request for additional benefits.

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Degregory v. Wal-Mart Stores, CA01-979, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, March 6, 2002 Decided
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Overview: Workers' compensation commission properly found employee failed to prove that she sustained an accidental injury to her back and evidence revealed condition was caused by prior automobile accident.

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Dunaway v. Dunaway, CA01-501, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, March 6, 2002, Decided
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Overview: Ex-husband's motion to modify custody because ex-wife and her current husband had briefly cohabited before marriage and had one altercation involving police, and he had once drank and drove with child, was properly denied. They had repented.

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