Arkansas, February, 2007, State Case law

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State Courts - Arkansas - February 7, 2007

Adams v. Atkins, CA06-466, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, February 7, 2007, Decided
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Overview: Given two surveys and witness testimony, trial court properly found that survey evidence was credible in determining boundary line between landowners' property and neighbors' property. Under Ark. Code Ann. ? 16-22-309, landowners were entitled to attorney's fees. Decree had to be amended so that boundary was established by specific description.

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Coleman v. Pro Transp., Inc., CA06-525, COURT OF APPEALS OF ARKANSAS, DIVISIONS THREE AND FOUR, February 7, 2007, Decided
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Overview: Where there was no reliable evidence that rebutted substantial evidence showing that employee should have been assigned five percent permanent impairment rating to cervical spine and six percent permanent impairment rating to lumbar spine, court reversed and remanded to the Workers' Compensation Commission to assign the correct impairment rating.

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Conagra Poultry Co. v. Young, No. CA 06-730, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, February 7, 2007, Decided
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Overview: Where a benefits claimant was required to stand on an assembly line and stack packages of chicken, she sufficiently established rapid repetitive motion for a gradual cervical injury required under Ark. Code Ann. ? 11-9-102(4)(B)(ii)(b) (2002).

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Crosby v. Crosby, CA06-756, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, February 7, 2007, Decided
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Overview: Court properly imposed a condition that prohibited a father's stepsons from having contact with his twin four-year-old daughters when he exercised his visitation with his daughters because the daughters allegedly told their grandmother that the stepbrothers sexually assaulted them, and that was not in the best interest of the daughters.

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Davie v. State, CACR06-64, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, February 7, 2007, Decided
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Overview: A trial court did not abuse its discretion in admitting a forensic biologist's testimony identifying the semen on a rectal smear slide where a hospital employee's testimony concerning the collection of the sample and sealing of the rape kit was sufficient to show that the evidence had not been tampered with and establish the chain of custody.

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Delt v. Bowers, CA 06-759, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, February 7, 2007, Decided
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Overview: Summary judgment was properly granted to two unions in a negligence case because a union member was a licensee when she was engaging in picketing activities since she was acting for her own benefit; there was no showing of willful or wanton conduct associated with a car that struck the member as she crossed the street.

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Ellis v. State, CA CR 06-490, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, February 7, 2007, Decided
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Overview: Defendant argued that the evidence was insufficient to support his conviction for possessing cocaine with intent to deliver, Ark. Code Ann. ? 5-64-401, and on appeal he expanded his argument to include an element of scienter; however, in affirming, the appellate court did not reach the merits of the issue because it was not presented at trial.

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Grissom v. State, CACR06-574, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, February 7, 2007, Decided
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Overview: Evidence was sufficient to sustain a resisting arrest conviction, Ark. Code Ann. ? 5-54-103, because, when an officer attempted to grab defendant, defendant knocked the officer off balance, causing him to fall, despite his fall, the officer managed to grab defendant, and defendant continued running and dragged the officer several feet.

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Hale-Hines v. Hale, CA06-640, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, February 7, 2007, Decided
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Overview: A court erred in dismissing a wife's petition for contempt, which alleged that her former husband failed to pay her money he owed for her equity in marital home and on consolidated marital debt, because while a release by the wife normally could not be contradicted by parol evidence, her affidavit testimony was sufficient to allege fraud or duress.

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Hill v. Watkins Motor Lines Liberty Ins. Corp., CA 05-1006, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, February 7, 2007, Decided
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Overview: Temporary total disability were properly awarded by ALJ in a case where a claimant suffered injuries after falling from the back of a delivery truck because, inter alia, the claimant was not required to present independent documentation or a probative report of an injury on a certain date to show that the injury was identifiable by time and place.

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