Arkansas, February, 2004, State Case law

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State Courts - Arkansas - February 18, 2004

Quinn-Matchet Ptnrs., Inc. v. Parker Corp., CA 03-458, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, February 18, 2004, Opinion Delivered
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Overview: Because a lessor failed to establish that a shareholder abused the corporate form for illegitimate purposes, a trial court did not err by failing to enter judgment against the shareholder personally in a commercial lease dispute.

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Spence v. State, CACR 03-484, COURT OF APPEALS OF ARKANSAS, February 18, 2004, Decided
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Overview: The trial court did not err by sentencing defendant to incarceration instead of imposing the jury's suggested suspensions, as that decision was within the discretion of the trial court, and it was not obligated to impose an alternative sentence.

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Todd v. Ark. Dep't of Human Servs., CA 03-493, COURT OF APPEALS OF ARKANSAS, February 18, 2004, Decided
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Overview: Because the trial court did not err in finding that the mother and father, either as an offender or an accomplice, assaulted an infant, the trial court's termination of parental rights of the mother and father was affirmed.

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Walker v. State, CACR03-722, COURT OF APPEALS OF ARKANSAS, February 18, 2004, Decided
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Overview: There was substantial evidence to support a conviction for battery in the second degree where two victims testified that defendant intentionally swerved onto a sidewalk to strike them after an altercation.

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Weyerhaeuser, Inc. v. McCarley, CA03-834, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, February 18, 2004, Decided
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Overview: Where several witnesses testified about the public's use of a road for recreational activities, and several descendants continuously used the road for access to their property, an owner failed to show that a prescriptive easement had been abandoned.

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Williams v. Farmers Ins. Co., CA03-390, COURT OF APPEALS OF ARKANSAS, February 18, 2004, Decided
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Overview: Evidence of the insured's other fire losses was properly admitted, as it was relevant to whether the insurer acted in bad faith for failure to settle, as was an expert's report regarding the cause of the fire, where the insured stipulated to it.

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Wright v. State, CACR03-441, COURT OF APPEALS OF ARKANSAS, February 18, 2004, Decided
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Overview: Where defendant was party to a plan to lure a victim to defendant's home to beat him, hid until the victim was inside, and helped dump the victim's body, the evidence was sufficient to support a conviction for second-degree murder as an accomplice.

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