Arkansas, January, 2003, State Case law

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State Courts - Arkansas - January 29, 2003

Bowman v. State, CACR02-633, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, January 29, 2003, Decided
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Overview: There was no basis for reversal of defendant's conviction as there was substantial evidence that defendant's possession of marijuana was not solely for his personal use and that he owned the firearm.

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Buck v. Gillham, CA 02-310, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, January 29, 2003, Opinion Delivered
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Overview: The owner had a superior right to possess the truck that was stolen and was not liable to the car dealer for conversion; because the truck was stolen, the owner continued to have a possessory interest in the truck.

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Cabral v. State, CACR02-58, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, January 29, 2003, Decided
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Overview: Where defendant was charged with capital murder, because defendant failed to move for directed verdict on the lesser-included offense of first-degree murder, he was procedurally barred from challenging the sufficiency of the evidence on appeal.

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First Nat'l Bank of Lewisville v. Bank of Bradley, CA 02-589, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, January 29, 2003, Opinion Delivered
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Overview: The lender's lien was superior to the bank's lien because the lender sufficiently described and identified its collateral in the financing statement and security agreement in order to perfect its interest.

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French v. Webb, CA 02-473, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, January 29, 2003, Opinion Delivered
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Overview: Because a municipal court lacked subject matter jurisdiction to consider the contractor's fraud claim, a tort, the trial court similarly lacked jurisdiction over the matter on appeal.

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Hilton v. State, CA CR 02-265, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, January 29, 2003, Opinion Delivered
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Overview: Trial court did not err in denying defendant's motion to suppress evidence, as observations of the smell of alcohol and defendant's bloodshot eyes, as well as admissions that he had been drinking, were reasonable cause that he was intoxicated.

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Hollins v. State, CA CR 02-519, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, January 29, 2003, Opinion Delivered
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Overview: Defendant's conviction of four counts of unlawful discharge of a firearm from a vehicle was affirmed where the defense of justification was unavailable in a prosecution for his recklessness or negligence toward a third party.

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Jackson v. State, CA 02-535, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, January 29, 2003, Decided
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Overview: Order denying defendant's motion to transfer his murder case to juvenile court was affirmed where nothing in the record suggested that the trial judge failed to consider all of the relevant factors in determining whether to retain jurisdiction.

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Kohlman v. State, CA 02-408, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, January 29, 2003, Decided
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Overview: Trial court's decision to transfer a case to circuit court to try defendant as an adult was affirmed where his alleged crimes, two counts of second-degree battery and one count of first-degree battery, were serious and violent.

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Matthews v. Smith, CA 02-460, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, January 29, 2003, Opinion Delivered
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Overview: Trial court erred in denying father's request that his son bear his surname where it was found to be in minor's best interests, and the father had shown concern for the child's well-being as well as his intention to be part of the minor's life.

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