Arkansas, February, 2005, State Case law

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State Courts - Arkansas - February 9, 2005

Smith v. State, CACR 04-388, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, February 9, 2005, Decided
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Overview: The evidence was sufficient under Ark. Code Ann. ? 5-64-401(c) (Supp. 2001) to convict defendant of possession of cocaine where he behaved suspiciously following a suspected drug transaction and discarded the contraband when police approached him.

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Southwire Specialty Prod. v. Lackey, CA04-586, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, February 9, 2005, Decided
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Overview: Substantial evidence supported the award of workers' compensation benefits to the employee where testimony established that he had been exposed to toxic chemicals that caused respiratory distress and admission to the hospital.

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Spangler v. Ark. Dep't of Human Servs., CA03-1455, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, February 9, 2005, Decided
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Overview: Where children were removed for neglect, and where in the 10 months prior to his incarceration, father made little progress toward case plan in regard to housing, employment, and submitting to drug tests, termination of parental rights was proper.

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Taylor v. Producers Rice Mill, Inc., CA 04-488, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, February 9, 2005, Opinion delivered
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Overview: As to latent injury, there was no language in 1993 act (addressing limitations period) that expressed clear intention that it was to be applied retroactively. Employee was entitled to have compensation claim reviewed under law at time of injury.

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Throckmorton v. Throckmorton, CA 04-190, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, February 9, 2005, Decided
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Overview: In a divorce case, a court did not err in its ruling regarding withdrawals occurring before the divorce proceedings were begun because, at the time the money was spent, the parties were equally entitled to expend their marital funds.

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Tyler v. Ark. Dep't of Human Servs., CA04-389, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, February 9, 2005, Decided
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Overview: Order terminating mother's parental rights to her children was upheld because she failed to attend parenting classes, failed to obtain drug treatment, failed to find a suitable home or job, and failed to maintain regular visitation with her children.

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Walsh v. State, CACR 04-223, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, February 9, 2005, Decided
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Overview: Substantial evidence supported defendant's conviction for driving on a suspended license. Denial of defendant's motion to sever two charges was proper given that the same evidence would be offered to prove each offense.

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West v. West, CA 04-393, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, February 9, 2005, Decided
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Overview: In a child custody matter, where appellant wife failed to include the order appealed from her in notice of appeal, a rebriefing was ordered.

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Windsong Enters. v. Upton, CA04-571, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, February 9, 2005, Decided
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Overview: Given the tenuous nature of the real property owner's expectancies regarding the property, the circuit court did not err in granting summary judgment in favor of the resident on the owner's claim of tortious interference with a business expectancy.

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