Arkansas, February, 2004, State Case law

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State Courts - Arkansas - February 4, 2004

Alford v. Hale, CA 03-655, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, February 4, 2004, Decided
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Overview: The trial court erred in ruling that the decedent could not be disinterred; this refusal was contrary to the controlling statutes and regulations that permitted disinterment upon satisfaction of certain conditions, which the children met.

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Andrews v. Polk County Humane Soc'y, CA03-816, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, February 4, 2004, Decided
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Overview: The owner's appeal from a trial court ruling confiscating her animals and placing them in the custody of the humane society was dismissed, as it was not a final judgment, because the issue of damages to be awarded had not been decided.

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Conner v. Donahoo, CA 03-433, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, February 4, 2004, Opinion Delivered
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Overview: On appeal of finding that will was invalid, judgment was reversed; witness who was in adjacent room was in the presence of the testator at the time he subscribed his name to the testatrix's will.

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Dye v. State, CACR03-302, COURT OF APPEALS OF ARKANSAS, February 4, 2004, Decided
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Overview: Defendant's drug conviction was proper where the informant was credible and the place to be searched contained in the warrant was described with sufficient particularity.

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Golden v. Golden, CA03-753, COURT OF APPEALS OF ARKANSAS, February 4, 2004, Decided
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Overview: The Arkansas Workers' Compensation Commission correctly determined that a truck-driver who suffered a torn rotator cuff was entitled to a permanent partial disability award of 50 percent and reasonably necessary medical treatment.

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Harris v. Ark. Dep't of Human Servs., CA03-235, COURT OF APPEALS OF ARKANSAS, February 4, 2004, Decided
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Overview: Order granting permanent custody of dependent-neglected children to third party was affirmed; trial court properly found that father did not comply with court orders and that no reunification services or no further periodic reviews were required.

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Hegwood v. State, CACR03-423, COURT OF APPEALS OF ARKANSAS, February 4, 2004, Decided
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Overview: On appeal from second-degree battery conviction, judgment was affirmed; trial court did not err in denying motion for directed verdict and substantial evidence supported the conviction.

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Jackson v. Houchin, CA 03-89, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, February 4, 2004, Opinion Delivered
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Overview: Cousin who signed application for minor cousin's driver's license was properly held jointly and severally liable for minor's negligence because his signing brought him within the purview of the statute.

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Kelley v. State, CACR 03-600, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, February 4, 2004, Decided
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Overview: Uncorroborated accomplice testimony was insufficient to support defendant's conviction for possession of a controlled substance with intent to deliver and possession of drug paraphernalia. There was no other evidence to link him to the contraband.

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Moore v. Sipes, CA 03-687, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, February 4, 2004, Decided
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Overview: The trial court erred in appointing the grandparents as guardians for the mother's children, where the evidence did not demonstrate that the mother was an unfit parent.

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