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   State Courts - Arkansas - February 6, 2002

  
Tester v. Hill, CA01-566, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, February 6, 2002, Decided
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Overview: Trial court did not make clearly erroneous findings in concluding that gate on road over landowner's property had been in place for more than seven years and that neighbors had no prescriptive easement because their use of road was permissive.

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Tri-County Farmers, Inc. v. Larry, CA 01-381, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, February 6, 2002, Decided
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Overview: Judgments in favor of plaintiffs arising from a spill of liquid fertilizer on plaintiffs' property were affirmed; defendants failed to raise their arguments with the trial court, and failed to abstract a motion for new trial or remittitur.

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Univ. of Ark. for Med. Scis. v. Mize, CA 01-690, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, February 6, 2002, Decided
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Overview: As the worker injured her knee while turning to respond to a co-worker, she showed a causal connection between her injury and her employment; the commission's finding that her injury was not idiopathic and was compensable was affirmed.

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Wilson v. State, CACR01-442, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, February 6, 2002, Decided
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Overview: A probation revocation and rape conviction were upheld where defendant appeared on first day of trial, but later failed to return, and trial court proceeded without him. Statute permitted trial court to proceed in such circumstances.

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Wilson v. State, CACR01-398, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, February 6, 2002, Decided
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Overview: Defendant's battery conviction was affirmed where he failed to request a jury charge that accomplice testimony had to be sufficiently corroborated, and apparently inconsistent verdicts among co-defendants were reconcilable by the evidence.

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Wright v. State, CACR01-635, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, February 6, 2002, Decided
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Overview: The trial court properly allowed a State's witness to testify that the victim was cut with a knife; testimony was presented as to the witness's credentials, and any weakness in the underpinning of the testimony went to weight and credibility.

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