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| Baker v. Baker, CA 05-284,
COURT OF APPEALS OF ARKANSAS, DIVISION THREE, February 22, 2006, Decided
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Overview: Appellate court affirmed an award of joint legal custody of the couple's child, even though it acknowledged it was not an ideal situation, as the father had not petitioned for sole custody and the trial court's decision to grant the father primary physical custody was not clearly erroneous.
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| Bonar v. S. Farm Bureau Cas. Ins. Co., CA05-850,
COURT OF APPEALS OF ARKANSAS, DIVISION THREE, February 22, 2006, Decided
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Overview: An order awarding judgment to an insurer in an insured's action, which sought to recover the value of a vehicle that was totaled in an accident, was upheld because the trial court did not err in allowing the insurer to present evidence of the insured's prior DWI conviction and his failure to disclose the information on his insurance application.
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| Coats v. State, CA 05-777,
COURT OF APPEALS OF ARKANSAS, DIVISION ONE, February 22, 2006, Decided
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Overview: Because juvenile did not move for dismissal at close of all of the evidence, as required by Ark. R. Crim. P. 33.1(b) and (c), his argument challenging sufficiency of evidence to support his adjudication was not preserved for appeal. Hence, an order adjudicating him delinquent after he was found guilty of second-degree criminal mischief was upheld.
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| Ewing v. State, CACR04-177,
COURT OF APPEALS OF ARKANSAS, DIVISION TWO, February 22, 2006, Decided
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Overview: Pursuant to Anders and Ark. Sup. Ct. & Ct. App. R. 4-3(j), counsel was allowed to withdraw as defendant's appeal was without merit; there was a preponderance of evidence indicating that defendant had violated the terms of his probation and defendant's arguments that counsel was ineffective and probation officer was not credible did not have merit.
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| Fitting v. State, CACR05-628,
COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, February 22, 2006, Decided
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Overview: Evidence was sufficient to sustain a conviction under Ark. Code Ann. § 5-64-403 where an accomplice testified that defendant was inside his residence "cleaning up a cook" and "bagging everything up;" that testimony was corroborated by an officer who found defendant in close proximity to the manufacturing items that were seized from the residence.
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| Griffe v. State, CACR 05-854,
COURT OF APPEALS OF ARKANSAS, DIVISION THREE, February 22, 2006, Decided
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Overview: Defendant did not preserve his challenge to evidence, and his argument that an arresting officer did not have probable cause to stop him could not be considered on appeal where he failed to make timely suppression motion before start of the testimony, as required by Ark. R. Crim. P. 16.2(b). He made no attempt to demonstrate good cause for waiting.
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| Harris v. State, CACR05-953,
COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, February 22, 2006, Decided
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Overview: There was no rational basis for jury instruction on negligent homicide, Ark. Code Ann. § 5-10-105, where evidence that defendant struck his daughter three times with substantial force supported conclusion that he committed manslaughter by recklessly causing the death of his daughter, pursuant to Ark. Code Ann. §§ 5-10-104(a)(3) and 5-2-202(3).
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| Johnson v. State, CACR05-804,
COURT OF APPEALS OF ARKANSAS, DIVISION TWO, February 22, 2006, Decided
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Overview: During defendant's trial for raping his 12-year-old daughter and possession of child pornography, trial court did not err in allowing an affidavit for search warrant to be admitted into evidence and published to jury because evidence complained of in affidavit was testified to in open court by the people providing the information for the affidavit.
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| Kirkland v. State, CA 05-1060,
COURT OF APPEALS OF ARKANSAS, DIVISION ONE, February 22, 2006, Decided
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Overview: Revocation order entered by probate court pursuant to Ark. Code Ann. § 5-2-316(b) was upheld where evidence was sufficient to show that appellant violated the conditions; evidence showed that appellant used cocaine and failed to take his prescribed medication, and his admitted marijuana use was sufficient to revoke his conditional release.
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| Merritt v. State, CACR05-798,
COURT OF APPEALS OF ARKANSAS, DIVISION THREE, February 22, 2006, Decided
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Overview: Trial court did not lack jurisdiction to revoke defendant's suspension of 1999 theft conviction as nolle prosequi dismissed prior petition to revoke in that case. Substantial evidence showed that defendant did not attempt to satisfy court-imposed financial obligations; thus, finding that he violated conditions of probation was not clearly wrong.
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