Arkansas, March, 2006, State Case law

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State Courts - Arkansas - March 1, 2006

Alamen v. State, CACR05-948, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, March 1, 2006, Decided
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Overview: Appellate court affirmed defendant's conviction for second-degree sexual assault in violation of Ark. Code Ann. ? 5-14-125 as the evidence established that defendant was forty-eight and the victim was twelve at the time of the incident, and the victim testified that defendant touched her on her vagina.

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Alpha Ins. Co. v. Stapleton, CA 05-657, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, March 1, 2006, Decided
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Overview: Appellate court affirmed the judgment in favor of the individuals as the appellate court found that an insurance company offered to settle the case for $ 25,000, the balance remaining under the policy, and the individuals' attorney's letter was an acceptance of the offer to settle for $ 25,000, the available limits of the policy.

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Am. Underwriters Ins. Co. v. Drummond, CA05-847, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, March 1, 2006, Decided
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Overview: Appellate court reversed the dismissal of an insurance company's petition for declaratory judgment because in construing the term "auto accident," the appellate court held that it did not encompass a situation in which injury was caused by the intentional firing of a gun from an automobile.

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Bailey v. Maxwell, CA 05-700, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, March 1, 2006, Decided
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Overview: Denial of a paternal grandmother's petition for guardianship was affirmed because the grandmother did not meet the qualifications under Ark. Code Ann. ? 28-65-203(a) in that she failed to establish that she was not a convicted and unpardoned felon, and she was unsuitable under Ark. Code Ann. ? 28-65-210 as she had been dishonest with the court.

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Barnes v. State, CACR05-959, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, March 1, 2006, Decided
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Overview: Defendant's claim that the State was required to prove more onerous version of Ark. Code Ann. ? 5-13-211 was without merit as he failed to object to sufficiency of the information before trial; therefore, his challenges were barred. His claim could not prevail as he did not show he was convicted under statute that was no longer in effect.

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Colbert v. State, CACR06-19, COURT OF APPEALS OF ARKANSAS, March 1, 2006, Decided
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Overview: Appellate court dismissed defendant's appeal and rendered his motions on appeal moot because there was no right to appeal a guilty plea under Ark. R. App. P. Crim. 1, and none of the recognized exceptions applied.

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Cooper v. State, CACR05-818, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, March 1, 2006, Decided
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Overview: Defendant's convictions for aggravated robbery and attempted robbery in violation of Ark. Code Ann. ? 5-12-103(a) and 5-12-102(a) were proper where circumstantial evidence was sufficient to identify defendant as the perpetrator, including testimony that defendant and his clothing matched information regarding about the crimes.

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Cutts v. State, CACR05-858, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, March 1, 2006, Decided
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Overview: The reduction of defendant's conviction to Class A misdemeanor of unauthorized use of a motor vehicle was proper pursuant to Ark. Code Ann. ? 5-36-108 where defendant initially did have permission to use his girlfriend's vehicle for a few hours and he was regularly permitted to use the vehicle.

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DeShazer v. State, CACR05-903, COURT OF APPEALS OF ARKANSAS, March 1, 2006, Decided
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Overview: Evidence was sufficient to sustain defendant's forgery convictions, Ark. Code Ann. ? 5-37-201, where she did not offer a reasonable explanation of how she acquired the forged check; therefore, an inference that she committed the forgery or was an accessory to its commission was warranted and the court did not err in inferring defendant's intent.

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Guerrero v. OK Foods, Inc., CA05-865, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, March 1, 2006, Decided
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Overview: Appellate court affirmed the grant of summary judgment in favor of an employer after an employee lost his arm during a work-related accident because the exclusivity provisions of Ark. Code Ann. ? 11-9-105 applied and the intentional-tort exception did not apply.

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