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   State Courts - Arkansas - February 12, 2003

  
Gann v. State, CACR 02-612, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, February 12, 2003, Decided
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Overview: Where defendant was seen coming out of the victims' home, and stereo equipment was found in the victims' car, in which defendant was trying to leave, the evidence was sufficient to support defendant's conviction for residential burglary.

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Garrett v. Estate of Miller, CA02-245, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, February 12, 2003, Decided
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Overview: Personal representative failed to bring issues before the trial judge that could not be reviewed by the appellate court. Due to conflicting evidence, the appellate court could not hold that the verdict was unsupported by substantial evidence.

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Hobbs v. State, CACR02-615, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, February 12, 2003, Decided
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Overview: Defendant's conviction and sentence for being a felon in possession of a firearm was proper where defendant failed to make a contemporaneous objection immediately following a prospective juror's improper comment that defendant shot someone.

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Linley v. Linley, CA02-410, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, February 12, 2003, Decided
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Overview: Husband's argument that court erred in making unequal division of marital property on grounds findings were not "reduced to writing" in order failed, where certain statutory findings were clearly alluded to in letter to parties.

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Magnet Cove Sch. Dist. v. Barnett, CA 02-597, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, February 12, 2003, Opinion Delivered
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Overview: The Workers' Compensation Commission correctly determined that the employee's average weekly wage was based upon an employment period of 39 weeks, where her contract provided employment for 188 days of school during a 9-month period.

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McDaniel v. State, CACR02-325, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, February 12, 2003, Decided
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Miller v. Kroger Co., CA 02-480, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, February 12, 2003, Decided
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Overview: In a malicious prosecution action, a trial court erred in granting summary judgment in favor of a store and its employee, as there was a dispute as to whether the customer knowingly concealed several books inside of her purse.

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Ray v. State, CACR 02-317, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, February 12, 2003, Decided
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Overview: Evidence was sufficient to sustain defendant's conviction of possession of drug paraphernalia where his passenger's testimony was sufficient to provide the necessary link between defendant and the contraband seized from the vehicle he had driven.

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Reilly v. Clayton Homes, CA 02-609, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, February 12, 2003, Decided
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Overview: Where employee did not show that her injury arose out of her employment, or that her employment significantly increased her risk of injury, substantial evidence supported the workers' compensation commission's decision to deny her benefits.

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Remington v. Roberson, CA 02-207, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, February 12, 2003, Opinion Delivered
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Overview: A "lost will" was improperly admitted to probate, because the fact that the decedent retained a copy of the lost will was improperly considered by the trial court in determining whether the presumption of revocation was rebutted.

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