Arkansas, February, 2006, State Case law

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State Courts - Arkansas - February 8, 2006

$ 14,605.70 in Am. Currency v. State, CA05-484, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, February 8, 2006, Decided
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Overview: A court properly awarded summary judgment to State in its forfeiture action against appellants pursuant to Ark. Code Ann. ? 5-64-505(a)(6) because currency at issue was found in appellants' trailer in same two rooms where methamphetamine or drug paraphernalia were found; appellants were convicted of crimes related to manufacture of methamphetamine.

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Adams v. State, CACR05-852, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, February 8, 2006, Decided
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Ark. Dep't of Human Servs. v. Dix, CA 05-875, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, February 8, 2006, Decided
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Overview: The Arkansas Department of Human Services failed to file a timely notice of appeal from an order continuing a split custody arrangement because the notice was filed more than 30 days after the adjudication order was filed, Ark. R. Civ. P. 52(a).

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Baker v. Dana Corp., CA05-809, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, February 8, 2006, Decided
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Overview: Although, workers' compensation claimant argued he had sustained an aggravation of a preexisting condition, his doctors had relied on his inaccurate medical history in rendering their diagnoses and thus, the claimant was unable to prove causation. Without proof of causation, his claim for benefits failed pursuant to Ark. Code Ann. ? 11-9-102(4).

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Barr v. Excel Corp., CA05-838, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, February 8, 2006, Decided
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Overview: An employee was properly denied workers' compensation benefits for a gradual-onset injury to her lower back where there was evidence to support the finding that, even if her back injury was compensable, she did not prove that it was the major cause of her need for treatment or her disability, as required by Ark. Code Ann. ? 11-9-102(4)(E)(ii).

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Bates v. State, CACR 05-607, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, February 8, 2006, Decided
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Overview: Trial court did not err in denying defendant's motion to suppress; although he claimed warrant was fatally defective because it authorized a search of a vehicle, not his residence, it was clear from affidavit, as well as body of warrant itself, that intended object of the search was defendant's residence, satisfying Ark. R. Crim. P. 13.2(b)(iii).

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Benge v. Baptist Health Med. Ctr., CA05-458, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, February 8, 2006, Decided
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Overview: Court did not err in granting summary judgment to hospital in patient's medical malpractice case as he had no expert witness by extended time court had allowed him and under Ark. Code Ann. ? 16-114-206 he needed an expert as issues involved in providing nursing care for severely injured patient was unquestionably outside common knowledge of jurors.

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Cowan v. Body Dynamics, Inc., CA 05-853, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, February 8, 2006, Decided
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Overview: Appellate court did not have jurisdiction to hear plaintiff's appeal of an order dismissing with prejudice his case against defendant companies, where the order was not a final order and the trial court had not executed a certificate of final judgment as to fewer than all the claims and parties as provided for under Ark. R. Civ. P. 54(b).

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Dillon v. State, CACR05-917, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, February 8, 2006, Decided
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Overview: Evidence was sufficient to show defendant was in actual control of vehicle within meaning of Ark. Code Ann. ? 5-65-103,?where defendant stated at scene he was "driving his truck pretty fast" when he "lost control of it" and "struck a tree" and officer testified defendant told them he was driving 100 miles per hour, missed the curve, and hit a tree.

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Estabrook v. Pilot Knob Cedar Works , CA05-714, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, February 8, 2006, Decided
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Overview: Arkansas Workers' Compensation Commission did not err in finding that employee's September 2000 hernia claim was barred by two-year statute of limitations in Ark. Code Ann. ? 11-9-702(a)(1) where first workers' compensation mention with regard to a hernia was in a prehearing questionnaire that the employee filled out and filed on November 27, 2002.

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