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   State Courts - Arkansas - February 19, 2003

  
Baptist Health v. Cox, CA02-734, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, February 19, 2003, Decided
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Overview: Employer did not satisfy obligations to provide suitable employment available, by making employee aware of low paying jobs. Employee with infectious disease was entitled to temporary-total-disability benefits as she could not return to patient care.

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Brown v. Johnson, CA 02-606, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, February 19, 2003, Opinion Delivered
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Overview: Because the term "heir" in a deed meant the natural children of the grantees, an adopted child was not entitled to share in a remainder interest in certain property.

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Davies v. State, CACR02-614, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, February 19, 2003, Decided
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Overview: The trial court did not err by reserving its ruling on defendant's directed verdict motion at the close of the State's case and later denying it, as being on private or public property had no bearing on whether a person was guilty of DWI.

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Delta Plastics v. Dir., E02-115, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, February 19, 2003, Decided
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Overview: Employee's failure to clock out of workplace when leaving to pay bills was not misconduct sufficient to disqualify employee from receiving unemployment benefits where employee informed supervisors of absence and policy was not uniformly enforced.

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Elkins v. State, CACR 02-396, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, February 19, 2003, Decided
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Overview: Where testimony showed that defendant struck the child with a pool stick on the arm and knee with sufficient force to leave bruises, sufficient evidence supported the finding that defendant violated terms of his suspended sentence.

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Langston v. Langston, CA02-928, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, February 19, 2003, Decided
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Overview: The trial court properly awarded the father custody of the parties' children and correctly assessed the welfare and best interests of the children. The children's expressed desire to live with their father was not the sole deciding factor.

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Marshall v. Madison County, CA 02-517, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, February 19, 2003, Opinion Delivered
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Overview: The Arkansas Workers' Compensation Commission was correct in affirming the denial of a claimant's request for additional disability benefits; the Commission displayed a substantial basis for the denial of the relief requested by the claimant.

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Neill v. Nationwide Mut. Fire Ins. Co., CA 02-605, COURT OF APPEALS OF ARKANSAS, DIVISIONS TWO AND THREE, February 19, 2003, Opinion DeliveredDecided
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Overview: Summary judgment was inappropriate in suit by insurer seeking to void property insurance policy on the grounds that insured fraudulently failed to disclose prior fire losses as evidence raised issue as to whether failure was inadvertent.

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Nuehring v. State, CACR01-1341, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, February 19, 2003, Decided
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Overview: Defendant's appeal from his conviction for first-degree battery was improper where defendant failed to include in his addendum the notice of appeal, the amended felony information, and the prior convictions introduced by the State.

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Phillips v. State, CACR 02-550, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, February 19, 2003, Decided
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Overview: In defendant's trial for assault and fleeing, the State's presentation of evidence of the presence of PCP in defendant's blood at the time of the alleged crimes was a collateral matter, and it was impeachment with impermissible extrinsic evidence.

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