Arkansas, February, 2006, State Case law

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State Courts - Arkansas - February 15, 2006

Jenkins v. State, CACR05-764, COURT OF APPEALS OF ARKANSAS, February 15, 2006, Decided
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Overview: Where defendant, inter alia, failed to pay restitution and had no reasonable excuse for failure, court did not err in revoking his probation; even if he was unable to work there was still no indication of bone fide effort to borrow money as his mother testified his family could make full restitution, suggesting avenue to borrow money was available.

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Lewis v. State, CACR05-373, COURT OF APPEALS OF ARKANSAS, February 15, 2006, Decided
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Overview: There was sufficient evidence to support revocation of defendant's sentence where the evidence from defendant's rape convictions supported a conviction under Ark. Code Ann. ? 5-14-103(a)(4); defendant's confession supported a finding that he violated the terms and conditions of his suspended sentence.

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Lockett v. Cooper Tire & Rubber Co., CA05-913, COURT OF APPEALS OF ARKANSAS, February 15, 2006, Decided
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Overview: Workers' compensation commission had not erred in denying benefits as claimant had not established compensable injury to his left shoulder by medical evidence supported by objective findings as required by Ark. Code Ann. ? 11-9-102; commission considered conflicting evidence regarding MRI results and assigned minimal weight to doctor's speculation.

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Martin v. State, CACR05-636, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, February 15, 2006, Decided
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Overview: Defendant properly waived her right to trial by jury in accordance with Ark. Const. art. 2, ? 10 and Ark. R. Crim. P. 31.1 where writing in which she stated that she waived the right was signed by her, her attorney, and the prosecutor; the trial court found that defendant knowingly, intelligently, and voluntarily waived her right to trial by jury.

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May v. State, CACR 05-523, COURT OF APPEALS OF ARKANSAS, February 15, 2006, Decided
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Overview: Defendant's conviction for sexual assault under Ark. Code Ann. ? 5-14-124(a)(3) was supported by sufficient evidence that showed he was in a position of trust or authority over the victim because he had a long relationship with her and her parents, who trusted him to oversee her taekwondo instruction, competitions, and her transportation home.

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Moon v. Gillison, CA 05-795, COURT OF APPEALS OF ARKANSAS, February 15, 2006, Decided
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Overview: A trial court did not err in awarding attorney fees to property owners pursuant to Ark. Code Ann. ? 16-22-309 (1999) in appellant's action for fraud with regard to the ownership of a parcel of property because the pleadings filed by appellant were absent any justiciable issue, and they were crowded with baseless accusations and personal insults.

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Ratliff v. Kellogg Brown & Root, CA05-899, COURT OF APPEALS OF ARKANSAS, February 15, 2006, Decided
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Overview: An order from the Arkansas Workers' Compensation Commission denying an employee benefits for a neck injury was upheld where an administrative law judge had determined that it would be necessary to resort to conjecture or speculation to conclude that a work accident caused the neck injury; the findings were supported by substantial evidence.

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Rhodes v. State, CACR04-807, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, February 15, 2006, Decided
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Overview: Pursuant to Ark. Sup. Ct. & Ct. App. R. 4-3(j), counsel's Anders brief was remanded for rebriefing because he failed to adequately analyze each adverse ruling in the case; counsel had to address defendant's objection to certain witness testimony and provide more analysis regarding sufficiency of the evidence supporting defendant's revocation.

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Sill v. Sill, CA05-703, COURT OF APPEALS OF ARKANSAS, DIVISIONS ONE AND TWO, February 15, 2006, Decided
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Overview: Order denying a mother's petition to relocate to Oklahoma with parties' two children was upheld where effect of relocation on the father, who lived approximately 75 minutes away in Arkansas, weighed in favor of rebutting the presumption in favor of relocation. The mother's testimony regarding her pay cut in Oklahoma also weighed against relocation.

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State Office of Child Support Enforcement v. Adams, CA05-802, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, February 15, 2006, Decided
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Overview: Trial court did not err in denying registration to 1984 Washington divorce decree as it was not disclosed to Arkansas court until 1999 and it could not have addressed nullification issue any earlier. Arkansas Office of Child Support Enforcement should have sought arrearages from husband in 1999 proceedings that terminated support obligation.

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