Arkansas, February, 2007, State Case law

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State Courts - Arkansas - February 7, 2007

Jackson v. State, CACR06-489, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, February 7, 2007, Decided
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Overview: Defendant's conviction for delivery of a controlled substance, in violation of Ark. Code Ann. ? 5-64-401 (2005), was supported by substantial evidence where a police officer testified that he witnessed the drug transaction. Other evidence was introduced that not only corroborated the officer's testimony but incriminated defendant.

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Lamb v. Lonoke County , CA06-410, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, February 7, 2007, Decided
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Overview: Despite the fact that a benefits claimant was unable to read or write and had little education, he was not awarded wage-loss benefits under Ark. Code Ann. ? 11-9-522(b)(2) where the medical evidence did not show that he was unable to return to work, he had been offered a job with the employer, and a video showed him performing similar tasks.

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Lee v. State, CACR06-690, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, February 7, 2007, Decided
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Overview: A trial court did not clearly err in revoking defendant's suspension pursuant to Ark. Code Ann. ? 5-4-309(d) and in sentencing her to two years in prison where her failure to pay restitution after 10 years was inexcusable under Ark. Code Ann. ? 5-4-205(f)(3); she failed to explain why none of an insurance settlement was applied to her restitution.

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Mitchell v. State, CACR 06-367, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, February 7, 2007, Decided
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Overview: Defendant's possession of methamphetamine with intent to deliver conviction, Ark. Code Ann. ? 5-64-401 (Repl. 2005), was affirmed as he had not argued in his directed verdict motion that the State failed to prove that he possessed a usable amount of methamphetamine or that he had an intent to deliver. Thus, the issue was not preserved for appeal.

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Patrick v. State, CACR03-1319, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, February 7, 2007, Decided
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Ray v. Ark. DHS, CA06-1078, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, February 7, 2007, Decided
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Overview: Termination of mother's parental rights was in children's best interest as mother manifested incapacity to rehabilitate, preventing return of the children to her custody. Arkansas Department of Health and Human Services provided reunification services. Under Ark. Code Ann. ??9-27-341(b)(1)(A), permanency plan existed and children were adoptable.

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Smith v. State, CACR06-700, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, February 7, 2007, Decided
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Overview: Defendant's conviction for second-degree murder, contrary to Ark. Code Ann. ? 5-10-103(a)(1), was supported by substantial evidence where there was evidence that he possessed a gun, shots were fired from back left side of a truck, which was where he was sitting, and that victim's wounds were consistent with being shot by someone sitting behind him.

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Walston v. Mena Med. Ctr., CA06-447, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, February 7, 2007, Decided
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Overview: Where medical tests failed to show objective changes or findings of a new injury that allegedly occurred when a benefits claimant bent over to pick up an object from the floor, a compensable back injury was not shown; the injury claimed was very similar in nature to three prior lower back injuries sustained by the same claimant.

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Watson v. State, CACR 06-219, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, February 7, 2007, Decided
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Overview: A second-degree discharge of a firearm from a vehicle conviction was affirmed where defendant failed to move for a directed verdict at the close of the evidence, as required under Ark. R. Crim. P. 33.1(b) and thus, her arguments as to the sufficiency of the evidence and the State's failure to allege certain activity were not preserved for review.

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Winfrey v. Ark. Dep't of Human Servs., CA05-922, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, February 7, 2007, Decided
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Overview: Court properly terminated a mother's parental rights, Ark. Code Ann. ? 9-27-341, because the evidence showed that the mother was simply completing the drug treatment program for the sake of completing it; she did not complete the case plan for the purpose of making her capable of caring for her children.

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