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| Alphin v. Alphin, CA 04-444,
COURT OF APPEALS OF ARKANSAS, DIVISIONS TWO AND THREE, February 23, 2005, Decided
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Overview: Where a mother with primary physical custody of her daughter admitted cohabiting with the opposite sex, her conduct was a sufficient change of circumstances demonstrating that a modification of child custody was in her daughter's best interest. The trial court did not err by awarding the father sole custody.
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| Autrey v. State, CACR 04-561,
COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, February 23, 2005, Decided
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Overview: Trial court did not err in excluding any of the four periods from the speedy-trial time calculation because defendant was tried within the 12 months allotted, and excluded periods without a written order or docket entry were upheld where the record demonstrated that the delays were attributable to defendant or legally justified for "good cause."
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| Burrell v. State, CACR 04-406,
COURT OF APPEALS OF ARKANSAS, DIVISION TWO, February 23, 2005, Opinion delivered
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Overview: In a felony non-support case where counsel requested a jury trial at the pretrial hearing but the case proceeded as a bench trial, the appellate court held that defendant was denied his right to a jury trial. The record was silent as to whether defendant had knowingly, intelligently, and understandingly waived his right to a jury trial.
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| Crawford v. State, CACR04-315,
COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, February 23, 2005, Decided
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Overview: Trial court properly excluded time from defendant's speedy trial motion under Ark. R. Crim. P. 28.3 as a continuance granted at the request of defendant's counsel was properly excluded, and defendant waived a speedy trial objection to the State's motion to seek DNA evidence as defendant did not object to the State's motion when it was made.
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| DANA Corp. v. Baker, CA04-669,
COURT OF APPEALS OF ARKANSAS, DIVISION TWO, February 23, 2005, Decided
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Overview: Order awarding workers' compensation benefits to employee was overturned because employee failed to convey to his physicians that he had received treatment for his back prior to sustaining his compensable injury and that he had missed work due to back problems; physicians relied on employee's inaccurate medical history in rendering their diagnosis.
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| Dempsey v. Ark. Elec. Coop., CA04-756,
COURT OF APPEALS OF ARKANSAS, February 23, 2005, Decided
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Overview: Denial of additional medical benefits for an employee was affirmed as the employee had been released to work by two separate doctors; thus, the employee failed to prove that the continued treatment he received after he was released to work was reasonably necessary as required by Ark. Code Ann. ¿ 11-9-508.
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| Dollarway Sch. Dist. v. Lovelace, CA 04-618,
COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, February 23, 2005, Decided
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Overview: Appellate court affirmed a workers' compensation award to the wife of the decedent who had a heart attack after he broke up a fight at school, as a medical doctor testified the energy expended in breaking up the fight was the major cause of the decedent's heart attack, and thus, was a compensable injury under Ark. Code Ann. ¿ 11-9-114 (Repl. 2002).
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| Ferguson v. State, CA CR 03-1322,
COURT OF APPEALS OF ARKANSAS, DIVISIONS THREE AND FOUR, February 23, 2005, Decided
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Overview: Defendant was charged with possession of firearms by certain persons and aggravated assault. The trial court abused its discretion in refusing defendant's offer to stipulate to his prior felony conviction and overruled defendant's Ark. R. Evid. 403 objection to the admission of his prior conviction, so defendant's convictions were reversed.
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| Fitzjurls v. Ark. Dep't of Human Servs., CA04-740,
COURT OF APPEALS OF ARKANSAS, DIVISION THREE, February 23, 2005, Decided
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Overview: Sufficient evidence supported a trial court's decision terminating the mother's parental rights under Ark. Code Ann. ¿ 9-27-341(b) (Supp. 2003) where the mother had sexually abused the children, used her son as a lookout to break into a neighbor's home to steal property, overdosed on drugs, and failed to keep steady employment.
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| Foushee v. Dir., E 04-161,
COURT OF APPEALS OF ARKANSAS, DIVISION TWO, February 23, 2005, Decided
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Overview: Employee was properly terminated for misconduct and disqualified from receiving unemployment benefits under Ark. Code Ann. ¿ 11-10-51(a)(1) (Repl. 2002) as the employee told other employees that she left air sacs and fecal matter in the birds that she was processing which was in direct violation of company policy.
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