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   State Courts - Arkansas - February 25, 2009

  
Hay v. Ark. Dep't of Human Servs., No. CA08-990, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, February 25, 2009, Opinion Delivered
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Overview: Order terminating a mother's parental rights to two children under Ark. Code Ann. ¿ 9-27-341(b)(3)(B)(i)(a) was upheld because she was unable to keep clean, safe home, maintain children's hygiene, and properly supervise children; she was unable, more than year after children's removal, to correct problems once children were reintroduced into home.

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Hayes v. State, No. CACR 08-855, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, February 25, 2009, Opinion Delivered
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Overview: A victim's testimony that defendant forced her to perform oral sex upon him was sufficient to support his conviction for raping her pursuant to the terms of Ark. Code Ann. ¿ 5-14-103(a)(1) (Supp. 2007).

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Howell v. Ark. Dep't of Human Servs., No. CA08-1129, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, February 25, 2009, Opinion Delivered
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Overview: The termination of the mother's parental rights was proper under Ark. Code Ann. ¿ 9-27-341(b) because the child was adoptable, the evidence demonstrated that the child's return to the mother would subject the child to potential harm, and the mother never obtained her GED and never established stable housing.

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Jones v. State, No. CACR08-802, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, February 25, 2009, Opinion Delivered
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Overview: Where defendant picked his ex-wife up from work, drove her to a bridge, stabbed her, threw her to the ground, and pushed her into the water, the evidence was sufficient to show that defendant possessed the requisite state of mind to support his conviction for attempted first-degree murder in violation of Ark. Code Ann. ¿ 5-10-102(a)(2).

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Moore v. Ark. Dep't of Human Servs., No. CA08-1261, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, February 25, 2009, Opinion Delivered
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Mosely v. State, No. CACR08-761, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, February 25, 2009, Opinion Delivered
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Overview: Where defendant appealed her aggravated-assault conviction, she argued that the trial court erred in denying her motion for directed verdict. Because the motion for directed verdict failed to reference and identify the insufficient evidence presented on the charge, defendant failed to preserve the argument for appeal under Ark. R. Crim. P. 33.1(a).

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Newton v. Ark. Dep't of Human Servs., No. CA08-1180, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, February 25, 2009, Opinion Delivered
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Overview: Court properly terminated a mother's parental rights to her three children because mother's failure to secure stable employment and housing and her indifference to remedying conditions were all contrary to children's health, safety, and wellbeing and supported termination of her parental rights under Ark. Code Ann. ¿ 9-27-341(b)(3)(A)(i) and (ii).

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Rueda v. State, No. CACR 08-278, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, February 25, 2009, Opinion Delivered
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Overview: Sufficient evidence was presented to convict defendant of, inter alia, delivery of controlled substance because when defendant was pulled over after police observed defendant in controlled drug buy with an informant, a glass pipe that was still smoking was located in driver's side door; methamphetamine was also found in truck as was drug-buy money.

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Watkins v. State, No. CACR08-730, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, February 25, 2009, Opinion Delivered
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White v. Dollar Gen. Stores, No. CA08-591, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, February 25, 2009, Opinion Delivered
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Overview: Where appellant claimed that she was injured when her back popped at work, the medical records and testimony showed a history of back strain; there was substantial evidence to support the decision of the Commission that she did not sustain a compensable injury arising from her current employment, Ark. Code Ann. ¿ 11-9-102(4)(A)(ii)(b).

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