Arkansas, February, 2009, State Case law

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State Courts - Arkansas - February 11, 2009

Castleberry v. Fohn, No. CA08-849, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, February 11, 2009, Opinion Delivered
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Cheater v. State, No. CACR 08-720, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, February 11, 2009, Opinion Delivered
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Overview: Revocation of a suspended sentence under Ark. Code Ann. ? 5-4-309(d) was proper because defendant violated the conditions of her sentence when she made no attempt to pay court costs and fines and when she endangered the welfare of her two-year-old son by leaving him improperly supervised and he was found wandering alone at night.

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Clay v. State, CACR08-858, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, February 11, 2009, Decided
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Overview: Evidence was sufficient to support defendant's conviction of driving while intoxicated under Ark. Code Ann. ? 5-65-103(a) because the evidence showed that defendant failed three sobriety tests and defendant presented no support for his argument that the use of pepper spray caused the field sobriety tests to be unreliable.

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Cozart v. State, No. CACR08-399, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, February 11, 2009, Opinion Delivered
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Overview: During defendant's trial for negligent homicide and battery, the jurors' use of toy cars on top of a diagram of the scene of the automobile accident did not prejudice defendant because the trial judge had no testimony or other evidence to determine whether the toy cars present in the room were being used properly, improperly, or even ignored.

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Davis v. Wal-Mart Assocs., No. CA08-796, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, February 11, 2009, Opinion Delivered
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Overview: Employee was properly denied temporary total disability benefits after suffering back injury because the employee was not incapacitated from earning wages. Though the employee remained in his healing period, he attempted many jobs; in one case, he quit because he disagreed with being demoted, while in others, he was terminated for poor performance.

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Durell v. State, CACR08-759, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, February 11, 2009, Decided
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Overview: Defendant was found to be in constructive possession of a methamphetamine laboratory found on property owned by his father because no one lived on the property, defendant stated that he was the property's caretaker, defendant had access to the meth lab, and the room was in an area under defendant's control and not exposed to the public at large.

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Eason v. Ark. Local Police & Ret. Sys., No. CA08-493, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, February 11, 2009, Opinion Delivered
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Overview: Determination that police sergeant was entitled only to non-duty-related disability under Ark. Code Ann. ? 24-10-607(c) retirement benefits was supported by substantial evidence because physicians testified that disability was aggravated by his duties as a police officer but that those duties did not cause the disability.

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Horvath v. State, No. CACR07-1282, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, February 11, 2009, Opinion Delivered
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Overview: Defendant's right to self-representation was not denied during his trial for stalking because motion filed by defendant was not sufficiently unequivocal to constitute a waiver of his right to counsel; in the motion, defendant complained about counsel's lack of communication with him, failure to locate defense witnesses, and overall trial strategy.

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L&W Janitorial, Inc. v. Williams, No. CA08-571, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, February 11, 2009, Opinion Delivered
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Overview: Arkansas Workers' Compensation Commission properly awarded employee 37 percent anatomical impairment rating and permanent total disability under Ark. Code Ann. ? 11-9-102(14) because the employee's testimony and the testimony of orthopedic surgeon showed employee's knee injury to be major cause of her impairment and of her related disability.

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Parkerson v. McMurtrey, No. CA08-174, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, February 11, 2009, Opinion Delivered
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Overview: In a suit to quiet title, the claim failed where the party claiming to have acquired ownership through adverse possession failed to offer proof of an essential element of her claim, that of the exact location of the property at issue, while the titleholders submitted a warranty deed and a survey showing the boundary lines of their property.

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