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| Howard v. St. Edward Mercy Med. Ctr., CA 01-798,
COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, February 20, 2002, Decided
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Overview: By not moving for a new trial, widow failed to preserve claim of insufficient evidence to support defense verdict in her medical malpractice case; further, substantial evidence, including expert testimony, supported the jury's verdict.
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| Hunter v. State, CACR 01-541,
COURT OF APPEALS OF ARKANSAS, DIVISION TWO, February 20, 2002, Decided
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Overview: Trial court's denial of defendants' motion to suppress was not against the preponderance of the evidence, as defendants were not seized when they were told they could not resume journey; defendants were free to leave, even if it was on foot.
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| King v. State, CACR 01-327,
COURT OF APPEALS OF ARKANSAS, DIVISION ONE, February 20, 2002, Decided
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Overview: An affidavit was sufficient to support the issuance of a search warrant, and a sufficient factual basis existed within the affidavit for a nighttime search of a residence.
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| Konecny v. State, CACR01-901,
COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, February 20, 2002, Decided
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Overview: Where defendant was convicted of driving while intoxicated, although officer was not certified radar operator, exclusion of evidence obtained was not mandated because officer had probable cause to make stop as defendant was weaving across lanes.
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| Lamb v. State, CACR01-00738,
COURT OF APPEALS OF ARKANSAS, DIVISION THREE, February 20, 2002, Decided
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Overview: Testimony of child rape victim which showed penetration was enough for to support defendant's conviction. While trial court did not formally state victim's counselor was qualified as an expert, that omission did not constitute reversible error.
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| McNair v. Johnson, CA01-496,
COURT OF APPEALS OF ARKANSAS, DIVISION TWO, February 20, 2002, Decided
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Overview: Sufficient evidence existed to support chancellor's order modifying physical custody of children and awarding custody to mother in light of father's response to children's needs. Mother's situation was a factor to be considered.
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| Nelson v. State, CACR01-709,
COURT OF APPEALS OF ARKANSAS, DIVISION ONE, February 20, 2002, Decided
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Overview: Trial court had lacked jurisdiction to modify defendant's sentence or to revoke probation, which had expired at the time of first revocation hearing, but proof he failed to pay court costs and fines sufficed to revoke probation in second case.
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| Osburn v. Dep't of Parks & Tourism, CA01-882,
COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, February 20, 2002, Decided
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Overview: Workers' compensation claimant did not prove he sustained compensable injury in course of employment where he made no complaint of such injury around time of accident and could not say for certain that accident caused his injury.
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| Sherman Waterproofing v. Darragh Co., CA 01-883,
COURT OF APPEALS OF ARKANSAS, DIVISION TWO, February 20, 2002, Decided
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Overview: Appellate court dismissed debtors' appeal of the trial court's grant of partial summary judgment on a promissory note where another claim was still pending between the parties and no certification of final judgment had been issued.
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| Stevens v. Wilmoth, CA01-519,
COURT OF APPEALS OF ARKANSAS, DIVISION THREE, February 20, 2002, Decided
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Overview: Award of specific performance of contract to employee was not erroneous as employee had substantially performed his obligations and had not willfully breached it. Award for loss of opportunity was modified to reflect expert's report.
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