Arkansas, January, 2007, State Case law

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State Courts - Arkansas - January 31, 2007

Albright v. Ark. Dep't of Human Servs., CA06-270, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, January 31, 2007, Decided
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Overview: Father did not appear at adjudication hearing, and details that produced allegations of sexual abuse were not discovered until after hearing. Father subjected children to aggravated circumstances based on finding that he sexually abused two children, Ark. Code Ann. ? 9-27-341(b)(3)(B)(ix). Child's statements concerning abuse were credible.

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Archer v. Archer, CA06-486, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, January 31, 2007, Decided
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Overview: It was not clearly against the preponderance of the evidence to award a father custody of two children based on his community support system in a case where homosexuality was alleged by both parents, there was a dispute as to whether the father's girlfriend was living with him, and the father received a less-than-honorable military discharge.

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Ark. HHS v. Jones, CA06-630, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, January 31, 2007, Decided
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Overview: In a case where a child from Oklahoma was left unattended by his mother in Arkansas, trial court did not err by placing the child with his paternal grandparents in Oklahoma at a probable cause hearing since there were no additional issues to consider; the trial court was not required to hold an adjudication hearing under Ark. Code Ann. ? 9-27-315.

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Crist v. Dean, CA06-197, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, January 31, 2007, Decided
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Overview: Patient did not show by expert testimony that doctor was party who breached standard of care as was required by Ark. Code Ann. ? 16-114-206(a) of Arkansas Medical Malpractice Act as 1) expert could not identify which physician deviated from standard of care; and 2) patient could not point to anything he did or did not do that caused her infection.

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Drennan v. State, CACR 05-1243, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, January 31, 2007, Decided
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Overview: Evidence was sufficient to sustain an attempted first-degree murder conviction, Ark. Code Ann. ? 5-10-102, because defendant and the victim got into an argument, defendant pulled a gun and issued a death threat, he handed the co-defendant a gun, and the co-defendant fired eight shots, with three of them striking the victim in his midsection.

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Foust v. Ark. HHS, CA06-880, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, January 31, 2007, Decided
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Overview: An appellate court granted a motion to withdraw filed by a mother's counsel in a termination of parental rights case where counsel's motion was accompanied by a brief listing all adverse rulings made at the termination hearing and explaining why there was no meritorious ground for reversal to each ruling. The appeal was wholly without merit.

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Freeman v. State, CACR06-311, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, January 31, 2007, Decided
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Overview: Order requiring defendant to pay restitution of $ 176,848 to a city after he pled guilty to theft of unspecified amount of property was upheld because under Ark. Code Ann. ? 5-4-205(b)(4)(B), the trial court had authority to impose restitution in an amount decided by agreement between defendant and the city, which was represented by the prosecutor.

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Gifford v. Tuggle, CA 06-601, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, January 31, 2007, Decided
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Overview: A trial court's order modifying a joint custody order and placing primary custody of a child with the father was affirmed where the mother admitted that the joint custody arrangement was not working and the parties differed on basic matters, such as discipline, after-school supervision, and whether the child had an attention deficit disorder.

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Gregory v. Ark. State Highway & Transp. Dep't, CA06-540, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, January 31, 2007, Decided
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Overview: Evidence that a considerable amount of time elapsed between workplace accident and onset of a claimant's cervical condition, together with the sudden acute onset of the condition while claimant was fishing, raised sufficient doubt as to causation to provide a reasonable basis for finding that he failed to prove that the condition was work-related.

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JB Wayne, Inc. v. Hot Springs Vill. Prop. Owners' Ass'n, CA06-453, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, January 31, 2007, Decided
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Overview: Circuit court erred by fixing venue for property owners' association suit against business owners for shortages and unpaid bills in Garland County under Ark. Code Ann. ? 16-60-104 as the owners lived in Saline County. Complaint did not allege physical damage to tangible personal property sufficient to bring case within Ark. Code Ann. ??16-60-113.

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