Arkansas, February, 2004, State Case law

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State Courts - Arkansas - February 11, 2004

Minton v. Minton, CA 03-498, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, February 11, 2004, Decided
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Overview: The trial court did not err in awarding custody of the parties' child to the mother where the evidence demonstrated that it was in the child's best interests to remain in the custody of her mother.

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Moore v. Davidson, CA 03-653, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, February 11, 2004, Opinion Delivered
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Overview: The trial court erred when it failed to grant the wife a divorce based on insufficient evidence of corroboration because it was not necessary for her corroborate every minute detail of her testimony.

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Peters v. State, CACR00-203, COURT OF APPEALS OF ARKANSAS, February 11, 2004, Decided
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Overview: Appeals court reversed trial court's orders modifying defendant's original sentence, as trial court did not have jurisdiction to modify sentence, and it imposed illegal sentence by ordering both probation and a suspended imposition of sentence.

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Spears v. State, CACR02-1005, COURT OF APPEALS OF ARKANSAS, February 11, 2004, Decided
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Overview: The appellate court ordered defendant's counsel to rebrief all material parts of the testimony of the witnesses and colloquies between the court, counsel, and other parties as were necessary to an understanding of the issues presented on appeal.

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Swearengin v. Evergreen Lawns , CA 03-343, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, February 11, 2004, Opinion Delivered
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Overview: Substantial evidence existed for the commission to deny the employee workers' compensation benefits, where the employer provided the employee with transportation as a gratuity rather than for a benefit to the employer.

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Vienna v. Vienna, CA 03-746, COURT OF APPEALS OF ARKANSAS, February 11, 2004, Decided
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Overview: The trial court did not have jurisdiction to modify the November 21, 2001 supplemental divorce decree; the December 2, 2002 decree that modified that prior decree was void for lack of jurisdiction.

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Whisenant v. State, CA CR 01-1418, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, February 11, 2004, Opinion Delivered
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Overview: Defendant's convictions for theft of property and financial identity fraud were reversed because the warrantless search of defendant's purse violated the Fourth Amendment. However, her conviction for possession of firearms by a felon was appropriate.

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White v. White, CA 03-540, COURT OF APPEALS OF ARKANSAS, February 11, 2004, Decided
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Overview: Trial court did not err in finding grantor lacked mental capacity to execute deed to his brother where, inter alia, his physician testified that grantor's judgment was likely impaired and brother tried to bribe a witness to gain favorable testimony.

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Yancy v. State, CA CR 03-303, COURT OF APPEALS OF ARKANSAS, DIVISIONS THREE AND FOUR, February 11, 2004, Opinion Delivered
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Overview: Conviction was affirmed, as the time for speedy trial commenced on August 18, 2001, the date of arrest for the offense of theft by receiving, and the trial conducted on that charge in July 2002 was timely for speedy trial purposes.

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