Arkansas, February, 2005, State Case law

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State Courts - Arkansas - February 9, 2005

L.W. v. State, CA 04-613, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, February 9, 2005, Decided
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Overview: A finding that a juvenile needed to register as a sexual offender was proper where his sexual offenses were serious and where he had exhibited manipulative behavior by infiltrating his best friend's family and then sexually abusing their daughter.

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Littleton v. Albert-Littleton, CA04-581, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, February 9, 2005, Decided
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Overview: The trial court's order setting aside a divorce decree obtained by default was not a final, appealable order. The issue of child custody was still pending.

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Loggins v. State, CACR04-624, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, February 9, 2005, Decided
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Overview: Where defendant manifested extreme indifference to the value of human life and endangered others by setting fire to his jail cell, the evidence was sufficient for the trial court to find that he violated the terms of his suspended sentence.

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Malone v. State, CACR02-1058, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, February 9, 2005, Opinion delivered
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Overview: Where a police officer stopped defendant for driving with a broken taillight, the officer lacked articulable reasons to extend the detention beyond the initial stop. The trial court erred by failing to suppress evidence of drugs found in the trunk.

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Marks v. Hampton, CA03-1467, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, February 9, 2005, Decided
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Overview: Strong presumption of legitimacy of child born of marriage was not overcome where mother could have determined paternity and made choice to seek cash from biological father at will without order. Father relied to his detriment on mother's conduct.

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Matney v. State, CACR04-119, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, February 9, 2005, Decided
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Overview: The appellate court could not address defendant's sufficiency of the evidence argument as it was not addressed properly in her appellate brief. Her ineffective assistance of counsel claim could not be addressed without action in the trial court.

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McDonald Mobile Homes, Inc. v. Bankamerica Hous. Servs., CA04-560, COURT OF APPEALS OF ARKANSAS, February 9, 2005, Decided
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Overview: Because no Ark. R. Civ. P. 54(b) determination was made by the trial court as to all the parties' claims, an appeal was dismissed for lack of a final order.

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Paluch v. State, CACR04-163, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, February 9, 2005, Decided
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Overview: Defendant asserted there was some question as to whether hemp seed oil was an illegal substance and that a homeopathic physician suggested it to relieve shoulder pain. However, he had confessed to using a drug, so revocation of probation was proper.

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Parker v. State, CACR04-231, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, February 9, 2005, Decided
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Overview: Defendant's conviction for rape was reversed. The trial judge violated Ark. Code Ann. ? 16-89-125(e) (1987) when he entered the jury room and spoke with the jurors during deliberations.

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Rawles v. Ark. Dep't of Human Servs., CA 04-1096, COURT OF APPEALS OF ARKANSAS, February 9, 2005, Opinion Delivered
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Overview: The court denied a motion filed by the Arkansas Department of Human Services (ADHS) to order appellant mother to abstract portions of the record that she did not include in her brief. The ADHS was free to designate additional parts of the record.

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