Arkansas, February, 2006, State Case law

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State Courts - Arkansas - February 15, 2006

Apple Tree Serv. v. Grimes, CA05-860, COURT OF APPEALS OF ARKANSAS, February 15, 2006, Decided
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Overview: Substantial evidence supported Arkansas Workers' Compensation Commission's decision in finding that an employee was entitled to benefits. Under Ark. Code Ann. ? 11-9-102(4)(B)(iv), the Commission found as credible the testimony of the employee's brother that the accident was unavoidable and presence of drugs did not controvert claim for benefits.

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Boveia v. State, CACR05-828, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, February 15, 2006, Decided
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Overview: Defendant's conviction for filing false police report, in violation of Ark. Code Ann. ? 5-54-122(c)(1)(D), was modified to reflect the misdemeanor offense of filing a false police report under ? 5-54-122(c)(2) where the State failed to prove that defendant was attempting to defraud her bank out of money in addition to filing a false police report.

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Bradley v. Welch, CA05-588, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, February 15, 2006, Decided
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Overview: Where a child was injured in a pool, a court properly granted summary judgment to defendants where the child's grandmother unilaterally and without communicating her intention, claimed to have turned over responsibility for the child to defendants, and there was no genuine issue of material fact regarding whether they accepted that responsibility.

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Breshears v. State, CACR05-393, COURT OF APPEALS OF ARKANSAS, February 15, 2006, Decided
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Overview: Trial court erred in refusing to grant defendant's motion to suppress evidence seized by police during illegal search of his residence where deputy's reliance on owner's claim that defendant was trespassing as his sole basis for entry was not enough under Fourth Amendment and Ark. R. Crim. P. 11.2; there was evidence that second search was illegal.

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Bullington v. Red Roper Club, Ltd., CA05-791, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, February 15, 2006, Decided
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Overview: Patrons' appeal from the non-final order granting summary judgment in favor of a nightclub was dismissed without prejudice where, without an explanation about what hardship would be suffered by not allowing an immediate appeal, the Ark. R. Civ. P. 54(b) certificate was inadequate to invoke the jurisdiction of the appellate court.

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Bunch v. State, CA CR 05-726, COURT OF APPEALS OF ARKANSAS, February 15, 2006, Decided
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Overview: Defendant's aggravated robbery conviction had to be merged with one count of attempted capital murder so as not to violate double jeopardy prohibitions.

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Chambers v. Myers, CA 05-384, COURT OF APPEALS OF ARKANSAS, February 15, 2006, Decided
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Overview: Trial court did not err in allowing landlord to collect late fees pursuant to lease terms as tenants vacated on their own volition and there was no settled course of dealing whereby rent was accepted late and late fees forgiven. Calculation of unpaid rent was proper and award for repairs to the house was proper given damage done to property.

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Davis v. State, CACR05-608, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, February 15, 2006, Decided
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Overview: Based on Ark. Code Ann. ? 12-12-1109(a)(2)(A) and ? 12-12-1103(1), court did not illegally sentence defendant by requiring him to submit to a DNA sample after he received suspended sentence as whatever conflict Ark. Code Ann. ? 5-4-101(a) might have provided, if any, was resolved by fact that its definitions were used only for Title 5, Chapter 4.

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Estacuy v. State, CACR04-1195, COURT OF APPEALS OF ARKANSAS, February 15, 2006, Decided
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Overview: Defendant was properly convicted under Ark. Code Ann. ?? 5-13-201, -202, and -204 as there was evidence that his blood-alcohol level was .23 percent and that he was driving a car that hit two women and missed a third. Prosecutor's statements during voir dire and closing argument did not constitute reversible error. Prior DWI was admissible.

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FMCO Promotions v. Pratt & Whitney Engine Serv., CA05-846, COURT OF APPEALS OF ARKANSAS, February 15, 2006, Decided
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Overview: The trial court's Ark. R. Civ. P. 54(b) certificate did not conform to the requirements of the rule; therefore, it was ineffective to certify an airplane owner's appeal, and the appeal was dismissed for noncompliance with Rule 54(b).

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