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| James v. Ark. Dep't of Juvenile Div. HHS, CA06-696,
COURT OF APPEALS OF ARKANSAS, DIVISION THREE, January 31, 2007, Decided
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Overview: A mother's parental rights to four children were properly terminated under Ark. Code Ann. § 9-27-341 where they had been out of the mother's care for over 12 months, the mother was unable to comply with her case plan to find a stable home and employment, she was returning to prison for a parole violation, and the children were adoptable.
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| Jones v. State, CACR06-673,
COURT OF APPEALS OF ARKANSAS, DIVISION TWO, January 31, 2007, Decided
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Overview: Trial court did not err in denying defendant's motion to suppress his confession where transcript of recording supported finding that he was coherent and uninhibited at time of interview and that he was not under influence of drugs or alcohol. He gave detailed narrative concerning his activities on day of the burglary up until the time he was shot.
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| Judkins v. Duvall, CA 06-258,
COURT OF APPEALS OF ARKANSAS, DIVISION THREE, January 31, 2007, Decided
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Overview: Where a mother made unsubstantiated sexual abuse allegations, a trial court did not err by awarding custody to a father in a family-in-need-of-services case under Ark. Code Ann. § 9-27-338 because it was not in the child's best interest to return him to the mother; moreover, the father did not have to show a material change in circumstances.
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| Kendrick v. Ark. Dep't of Human Servs., CA06-715,
COURT OF APPEALS OF ARKANSAS, DIVISION ONE, January 31, 2007, Decided
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Overview: Termination of parental rights was proper where a child was wearing dirty clothes and living in a filthy house because the parents did not comply with the case plan by discontinuing smoking in their house and attending a nearby counseling sessions; moreover, they had made little effort to rectify the cleanliness situation that led to the removal.
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| Miller v. State, CACR06-387,
COURT OF APPEALS OF ARKANSAS, DIVISION THREE, January 31, 2007, Decided
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Overview: A trial court abused its discretion when it refused, as a matter of policy rather than as an exercise of discretion, to allow a jury to consider alternative punishment after it convicted defendant of sexual assault in the first degree, rather than rape, because Ark. Code Ann. § 16-97-101(4) called for an exercise of the trial court's discretion.
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| Myers v. State, CACR04-1299,
COURT OF APPEALS OF ARKANSAS, DIVISION ONE, January 31, 2007, Decided
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Overview: Appellate court denied counsel's motion to withdraw, relieved counsel, and appointed another attorney to represent defendant where, for third time, counsel filed brief that was not in compliance with Anders and Ark. Sup. Ct. & Ct. App. R. 4-3(j); brief contained no argument section that listed or discussed adverse rulings pertinent to appeal.
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| Parker v. Parker, CA06-111,
COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, January 31, 2007, Decided
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Overview: A modification of alimony was warranted where a wife's income and education level had increased, she was able to afford a nice home and automobiles, she received $400,000 in assets from the property distribution, and she was only supporting one child.
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| Powers v. City of Fayetteville, CA06-685,
COURT OF APPEALS OF ARKANSAS, DIVISION TWO, January 31, 2007, Decided
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Overview: The employee's workers' compensation claim was within the two-year period set forth in Ark. Code Ann. § 11-9-702 because the employee's hearing loss stabilized in 2001 when he retired and was no longer exposed to occupational noise. Thus, his claim in July 2002 was within the required time-frame.
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| Schumann v. State, CACR 06-603,
COURT OF APPEALS OF ARKANSAS, DIVISION ONE, January 31, 2007, Decided
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Overview: In a case involving second-degree unlawful discharge of a firearm from a vehicle, in violation of Ark. Code Ann. § 5-74-107, a jury instruction on third-degree assault under Ark. Code Ann. § 5-13-207(a) was properly denied because it was not a lesser included offense since the alternative tests under Ark. Code Ann. § 5-1-110(b) were not met.
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