Arkansas, February, 2003, State Case law

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State Courts - Arkansas - February 5, 2003

Brown v. Dir., E02-77, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, February 5, 2003, Decided
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Overview: The claimant was properly denied unemployment compensation benefits where his actions at work manifested a willful disregard for his employer's interest and his subsequent termination was for that insubordination.

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Brunk v. State, CACR 02-557, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, February 5, 2003, Decided
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Overview: Defendant's proffer of an incorrect jury instruction waived any argument on appeal regarding the instruction ultimately read during sentencing, and the trial court properly denied a mistrial where a curative instruction cured irrelevant testimony.

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Caudle v. State, CACR02-489, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, February 5, 2003, Decided
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Overview: Testimony concerning sex not related to a child rape victim was admissible as it was offered to prove defendant one's accomplice liability by showing he gave sexual commands and that cult members, particularly defendant two, obeyed him.

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Craft v. State, CACR 01-1238, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, February 5, 2003, Decided
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Overview: Where defendant failed to move for a directed verdict on his argument concerning the sufficiency of the evidence argument regarding the value of the stolen property, the failure move for a direct verdict precluded appellate review.

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Dub Clenney Constr. v. Draper, CA02-478, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, February 5, 2003, Decided
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Overview: Arkansas Workers' Compensation Commission did not err in finding that the employee sustained a compensable injury for which she was entitled to benefits as substantial evidence, including testimony from a co-worker, supported the award.

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Fritzinger v. Beene, CA 02-197, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, February 5, 2003, Opinion Delivered
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Overview: Trial court did not err in reducing a jury's award for bodily injury to a motorcyclist against a city in a negligence action involving a city-owned garbage truck to the maximum amount of its liability under the state's tort immunity statutes.

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Hall v. Williams, CA02-300, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, February 5, 2003, Decided
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Overview: The stepfather's adoption of the father's child was properly granted, where the father had not seen the child in over a year, was substantially in arrears for child support, and where he abdicated his parenting responsibilities to the stepfather.

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Hass v. Hass, CA 02-160, COURT OF APPEALS OF ARKANSAS, DIVISIONS ONE, THREE AND FOUR, February 5, 2003, Opinion Delivered
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Overview: Trial court did not err in modifying the visitation schedule for the minor child as the mother's move to a different city for her job was a material change in circumstances and in setting the new visitation schedule.

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Hulsey v. State, CACR01-1342, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, February 5, 2003, Decided
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Overview: As defendant's abstract on appeal was so deficient on defendant's challenge to the sufficiency of the evidence, the appellate court could not reach the merits of the case and remanded the case for rebriefing.

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Jordan v. State, CACR01-1288, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, February 5, 2003, Decided
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Overview: Evidence was sufficient to sustain defendant's battery and robbery convictions where cashier testified that defendant back-handed her on jaw, and victim of ensuing car accident sustained injuries which could have been fatal if not treated.

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