Arkansas, February, 2004, State Case law

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State Courts - Arkansas - February 25, 2004

Abernathy v. Adous, CA 03-640, COURT OF APPEALS OF ARKANSAS, DIVISIONS THREE AND FOUR, February 25, 2004, Decided
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Overview: Trial court erred in holding that a subtenant was an assignee rather than sublessee and therefore was not required to surrender possession of commercial premises upon breach by original lessee where the parties' intended him to have been a sublessee.

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Burnside v. State, CACR03-758, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, February 25, 2004, Decided
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Overview: The trial court did not err by denying defendant's motion for a directed verdict because there was sufficient evidence that he had knowledge that the 40 pounds of marijuana was in the trunk, and he exercised control over the car by driving it.

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Carroll v. Ark. Dep't of Human Servs., CA 03-788, COURT OF APPEALS OF ARKANSAS, DIVISIONS THREE AND FOUR, February 25, 2004, Opinion Delivered
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Overview: The evidence was sufficient to find that terminating the parents' parental rights was in the children's best interests as there would be potential harm to the children by continued contact with the parents.

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Cincinnati Life Ins. v. Mickles, CA 03-182, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, February 25, 2004, Opinion Delivered
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Overview: Insurer's and its agent's motions for directed verdict on policy owner's claim of tort of outrage were properly denied, where there was evidence that student reference to insured was added by insured or agent, not by owner.

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Cogburn v. Wolfenbarger, CA 03-735, COURT OF APPEALS OF ARKANSAS, DIVISIONS THREE AND FOUR, February 25, 2004, Opinion Delivered
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Overview: The trial court's finding of incapacity and appointment of a permanent guardian of the mother's estate was clearly erroneous where there was no statement of a qualified professional or findings with respect to her adaptive behavior.

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Cooney v. State, CACR03-635, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, February 25, 2004, Decided
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Overview: Defendant's spontaneous statement to an officer questioning a passenger of his car about cocaine in the car was admissible because it was not compelled or the result of coercion under the Fifth Amendment's privilege against self-incrimination.

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Cordell v. State, CACR03-797, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, February 25, 2004, Decided
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Overview: Where defendants did not filed a written motion to allow an in camera hearing on the admissibility of testimony covered by the rape shield law, they waived their right to challenge the application of that law on appeal.

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Davis v. State, CACR 03-364, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, February 25, 2004, Decided
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Overview: The finder of fact could have inferred that defendant intended to commit a theft when the victim's possessions were taken from him, even though defendant contended that he and his accomplices were merely teaching the victim a lesson.

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Hamilton v. McCaughan Props., L.P., CA03-606, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, February 25, 2004, Decided
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Overview: Where southern landowners' predecessor built a levee far south of a surveyed boundary more than 50 years earlier and northern landowner and predecessor used the intermediate tract as their own, the northern landowner proved boundary by acquiescence.

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Huey v. State, CACR03-651, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, February 25, 2004, Decided
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Overview: A letter written by defendant while in jail to his children was relevant at his trial for beating his former wife because he had written that he had "gotten meaner" toward people who crossed him and that it was one of the reasons he was in jail.

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