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   State Courts - Arkansas - February 5, 2003

  
Medco, Inc. v. Evans, CA02-501, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, February 5, 2003, Decided
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Overview: Bill of sale, using phrase "grant, sell, and deliver," provided employer would retain a lien on tractor, and that the employee was to make 48 payments for tractor. Employer repossessed the truck arguing it was a lease, but conversion was proven.

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Perkins v. State, CACR-02-530, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, February 5, 2003, Decided
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Overview: Trial court did not have jurisdiction to revoke defendant's probation after probationary period expired, where he had not been arrested and no warrant was issued for violating his probation prior to expiration of probationary period.

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Ransom v. State, CACR02-229, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, February 5, 2003, Decided
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Overview: Sufficient evidence supported the finding that defendant was in possession of property that he knew or had reason to believe was stolen. The court costs billed to defendant were over the statutory limit for misdemeanors of $ 150.

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Rogers v. Rogers, CA 01-1189 and CA 01-1192, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, February 5, 2003, Opinion Delivered
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Overview: Even though trial court did not have jurisdiction to dissolve marriage, as there was no corroboration of residence, the trial court had authority to enter orders regarding child support and alimony, including contempt, while an appeal was pending.

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Second Injury Fund v. Lewis, CA02-559, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, February 5, 2003, Decided
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Overview: An unrelated and independently-disabling liver disease was not a subsequent intervening cause that should have rendered the claimant ineligible for workers' compensation benefits where his back injuries occurred well before the liver disease.

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Simmons v. State, CA 02-759, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, February 5, 2003, Opinion Delivered
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Overview: Where juvenile's abstract and addendum were deficient because juvenile failed to include the video retrieved from store, such that court could not reach merits of the case, the court ordered juvenile to supplement the record and rebrief the case.

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Strickland v. Rancifer, CA 02-261, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, February 5, 2003, Decided
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Overview: The trial court properly determined the truck driver was two-thirds at fault for the driver's injuries where he improperly parked his truck too far from the curb, and the damages awarded were appropriate given the driver's contributory negligence.

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Terrell v. Ark. Trucking Serv., CA 02-638, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, February 5, 2003, Decided
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Overview: Workers' compensation claimant failed to show he was entitled to vocational rehabilitation, PPD benefits, or wage loss in excess of that already paid under a previous disability award, or that further psychological treatment was necessary.

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Tolston v. State, CACR02-447, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, February 5, 2003, Decided
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Overview: Where defendant failed to raise his challenge in the trial court that the trial court erred in failing to apply the code provision that was in effect at the time of his offense, defendant's argument was not preserved for appellate review.

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Wilson v. State, CACR 02-330, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, February 5, 2003, Decided
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Overview: There was substantial evidence to support the verdicts and the appellate court would not second-guess the jury's assessment of witness credibility. The excited-utterance exception to hearsay applied to the daughter's testimony.

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