Arkansas, March, 2002, State Case law

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State Courts - Arkansas - March 20, 2002

Alfano v. Alfano, CA 01-1016, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, March 20, 2002, Opinion Deliverd
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Overview: Provisions of property settlement agreement with regard to child support did not compel chancery court to deviate from presumptive amount set out in the child support guidelines to be used in arriving at a fair determination of support.

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Area Agency on Aging v. McGuire, CA 01-905, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, March 20, 2002, Decided
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Overview: Substantial evidence supported workers' compensation award to claimant who fell on stairs as she went to see her supervisor, as injury occurred while she was advancing employer's interests, and thus occurred in the course of her employment.

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Brannon v. State, No. CACR01-518, COURT OF APPEALS OF ARKANSAS, March 20, 2002, Opinion Delivered
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Candelaria v. State, CACR01-1046, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, March 20, 2002, Decided
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Overview: Evidence defendant failed three field sobriety tests and police officer's observation of indicia of intoxication were sufficient for DWI conviction, and officer had probable cause to stop defendant's vehicle when traffic infraction was committed.

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Caple v. Lambert, CA 01-863, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, March 20, 2002, Decided
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Overview: Neither finding that ex-wife should not be reimbursed for money she may have contributed to ex-husband's nonmarital property nor rejection of her proposed debt division were clearly erroneous, as her positions lacked evidentiary support.

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Clark v. Wal-Mart Stores, CA 01-652, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, March 20, 2002, Decided
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Overview: Workers' compensation commission erred in not making a determination of whether the employee had a mental injury as no findings were made to employee's physician's opinion that employee had a mental injury.

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Cook v. State, CA CR 01-368, COURT OF APPEALS OF ARKANSAS, DIVISIONS FOUR, ONE AND TWO, March 20, 2002, Decided
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Overview: When two or more persons assisted in a crime, each was an accomplice. Substantial evidence supported defendant's conviction as an accomplice. Felony manslaughter was not a lesser-included offense of capital murder or first-degree murder.

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Crews v. Crews, CA01-00786, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, March 20, 2002, Decided
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Overview: Chancery court properly denied father's petition to modify a child custody order, but erred by retroactively modifying the parties' shared joint legal custody of their minor children and granting mother permanent custody.

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Cross v. Ouachita R.R., CA01-648, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, March 20, 2002, Decided
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Overview: The decision that the railroad held a prescriptive easement over and adversely possessed a portion of the roofers' real property was affirmed, as the chancery court's findings were not clearly erroneous.

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Farmers Coop. v. Biles, CA 01-797, COURT OF APPEALS OF ARKANSAS, DIVISIONS THREE AND FOUR, March 20, 2002, Decided
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Overview: Award of temporary total disability benefits was supported by substantial evidence as evidence showed claimant was in a "healing period," even though his doctor did not use that term, and he could not be penalized for trying to continue to work.

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