Arkansas, March, 2002, State Case law

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State Courts - Arkansas - March 13, 2002

Alltel Ark. v. Ark. PSC, CA 00-855, COURT OF APPEALS OF ARKANSAS, DIVISIONS ONE AND FOUR, March 13, 2002, Opinion Delivered
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Overview: Where PSC order approved the sale of assets by a telecommunications utility, but the record was not developed sufficiently for the appellate court to determine whether the order resulted in new rates that were reasonable, remand was required.

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Brewer v. Dir. Empl. Sec. Dep't, E01-164, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, March 13, 2002, Decided
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Overview: Where employee failed to make employer aware that circumstances at work were not adequately facilitating her injury, employee quit her job without making a reasonable effort to preserve job rights and was disqualified from unemployment benefits.

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Consumer Utils. Rate Advocacy Div. v. Ark. PSC, CA 00-1109, COURT OF APPEALS OF ARKANSAS, DIVISIONS ONE AND FOUR, March 13, 2002, Opinion Delivered
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Overview: Appellate court did not have sufficient information to determine whether public service commission erred by approving certificates of convenience and necessity, or whether intrastate switched-access rate filing was appropriate.

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Corby v. State, CACR01-607, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, March 13, 2002, Decided
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Overview: Where police officers were executing a search warrant for stolen property and incidentally discovered an open match tin containing a substance which turned out to be methamphetamine, the drug was admissible under the plain view exception.

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Cuningkin v. State, CACR01-632, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, March 13, 2002, Decided
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Overview: Appellate counsel was allowed to withdraw from a meritless appeal of a revocation case where there was evidence, including defendant's admission in open court, that defendant had committed several of the acts alleged in violation of his probation.

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Diemer v. Ark. Dep't of Human Servs., CA 01-530, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, March 13, 2002, Decided
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Overview: Where mother never made an objection to the late date of trial court's appointment of counsel nor asked for a continuance, mother failed to demonstrate that she was prejudiced by the timing of the appointment of counsel.

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Huffy Serv. First v. Ledbetter, CA 01-989, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, March 13, 2002, Opinion Delivered
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Overview: Where employee had fatal heart attack while assembling tractors at work, and his wife was awarded dependency benefits, it was not error for workers' compensation commission to find work-related conditions were major cause of heart attack.

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In re One 1995 Ford Searcher Jamboree, CA 01-495, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, March 13, 2002, Opinion Delivered
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Overview: Because prosecutor failed to comply with the requirements of the forfeiture law, the trial court erred by entering forfeiture order and appellate court ordered trial court to immediate return car owner's vehicle.

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Nesterenko v. Ark. Bd. of Chiropractic Examiners, CA 01-902, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, March 13, 2002, Opinion Delivered
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Overview: Where administrative board's findings did not state how chiropractor's ad violated the board's regulation against deceptive advertising but merely recited conclusions the case had to be remanded for further findings of fact and conclusions of law.

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Pritchett v. Lewis Lumber & Mfg. Co., CA01-00743, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, March 13, 2002, Decided
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Overview: Where sufficient evidence, viewed in light most favorable to workers' compensation commission, supported a denial of further workers' compensation benefits to employee, findings were affirmed by appellate court.

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