Arkansas, February, 2007, State Case law

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State Courts - Arkansas - February 14, 2007

Anderson v. State, CACR06-751, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, February 14, 2007, Decided
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Overview: Defendant was found guilty of drug offenses, including possession of controlled substance with intent to deliver and maintaining drug premises. Trial court did not err in denying motion for directed verdict because evidence was sufficient to show defendant was home's resident, and drugs were in plain view, in proximity to defendant's possessions.

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Anglin v. State, CACR06-580, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, February 14, 2007, Decided
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Overview: Defendant's drug-court probation under Ark. Code Ann. ?? 16-98-301 to 16-98-304 was revoked for failing to attend drug testing, failing to attend a group meeting, and being arrested because she inexcusably failed to comply under Ark. Code Ann. ? 5-4-309(d), despite a delirium diagnosis.

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Arkansans for Animals, Inc. v. Spears, CA 06-420, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, February 14, 2007, Decided
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Overview: A circuit court lacked jurisdiction to hear a case involving money owed for the care of horses seized from an owner due to animal cruelty because a district court lacked jurisdiction; the district court should have transferred the case under Ark. Dist. Ct. R. 7(c) because a counterclaim exceeded its jurisdictional amount.

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Beverly Enterprises-Arkansas, Inc. v. Jarrett, CA06-330, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, February 14, 2007, Decided
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Overview: The trial court did not abuse its discretion in granting an administrator's motion to strike and properly entered default judgment against a nursing home operator, Ark. R. Civ. P. 55(c)(1), because the operator's late answer was not the result of excusable neglect but a negligent failure to secure adequate help.

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Childers v. Georgia-Pacific Corp., CA06-576, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, February 14, 2007, Decided
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Overview: A claim for additional benefits for a compensable shoulder injury was denied because the medical evidence showed that a subsequent car accident worsened the symptoms of the injury; therefore, it was a nonwork-related independent intervening cause under Ark. Code Ann. ? 11-9-102(4)(F)(iii).

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Davis v. E. Ozark Reg'l Health Sys., CA06-465, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, February 14, 2007, Decided
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Overview: A finding in a workers' compensation case that the employee had not proved that further medical treatment was reasonably necessary as related to her compensable injury was proper because the medical records indicated that the employee received appropriate care for her initial injury.

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Deck House, Inc. v. Link, CA06-264, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, February 14, 2007, Decided
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Overview: Appellees did not tacitly agree to be liable for lost profit consequential damages, as, although appellees knew appellant was in business of selling materials for post-and-beam structures along with drawings, there was no evidence that they tacitly agreed to pay full "Component Package" price if they used appellant's drawings without authorization.

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Dep't of Veterans Affairs v. Dir., Dep't of Workforce Servs., E 06-144, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, February 14, 2007, Decided
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Overview: Where the evidence showed that a benefits claimant's failure to complete assignments was due to miscommunication or a reduction in staffing on all but one occasion, she was not discharged for misconduct under Ark. Code Ann. ? 11-10-514(a)(1); therefore, she was eligible to receive unemployment compensation.

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Douglas v. State, CACR06-568, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, February 14, 2007, Decided
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Overview: Pursuant to Ark. Code Ann. ? 5-39-101, car wash and equipment room was commercial occupiable structure and given the facts, jury had no rational basis to acquit defendant of commercial burglary while convicting him of breaking or entering, Ark. Code Ann. ? 5-1-110(c). Defendant was properly adjudicated a habitual offender, Ark. Code Ann. ? 5-4-501.

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Eaton v. State, CACR06-747, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, February 14, 2007, Decided
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Overview: Evidence was sufficient to sustain a conviction for theft by receiving, Ark. Code Ann. ??5-36-106, because defendant was in possession of the stolen property prior to it becoming public knowledge that the four-wheelers were stolen, and defendant made statements that she wanted revenge on her husband whom she accused of committing the theft.

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