Arkansas, March, 2009, State Case law

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State Courts - Arkansas - March 11, 2009

Bark v. Rheem Old Republic Ins. Co., No. CA08-1054, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, March 11, 2009, Opinion Delivered
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Overview: Employee's request for attorney fee under Ark. Code Ann. ? 11-9-715 on the ground that Arkansas Second Injury Fund had controverted his compensation rate was properly denied because had there been no disagreement between employee and employer as to the proper compensation rate, none of the litigation that occurred in case would have been necessary.

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Curry v. State, No. CACR08-866, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, March 11, 2009, Opinion Delivered
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Overview: In a rape case, a trial court erred by allowing the jury to hear defendant's confession that he had held another child down in a garage because this incident was nothing more than a prior bad act under Ark. R. Evid. 404(b); the pedophile exception did not apply since the garage incident and the present rape allegations were dissimilar.

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Garrett v. State, No. CACR08-607, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, March 11, 2009, Opinion Delivered
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Overview: Evidence was sufficient to convict defendant of delivery of a controlled substance within a thousand feet of a church, because the informant testified that a video recording accurately showed him getting the crack from defendant, and it was up to the jury to determine the credence of the informant's testimony.

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Hearne v. Banks, No. CA 08-922, COURT OF APPEALS OF ARKANSAS, March 11, 2009, Opinion Delivered
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Hoffman v. Suskie, No. CA08-851, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, March 11, 2009, Opinion Delivered
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Overview: Denial of the claimant's motion for new trial under Ark. R. Civ. P. 59 was affirmed, because the jury was presented testimony from which they could conclude that the claimant did not suffer any damages proximately caused by the motor-vehicle accident.

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Landmark Novelties v. Ark. State Bd. of Pharm., No. CA08-543, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, March 11, 2009, Opinion Delivered
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Moreno v. Knowles, No. CA08-708, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, March 11, 2009, Opinion Delivered
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Overview: Adoption decree was affirmed, because the proof that the father failed significantly to communicate with the child without justification for more than a year under Ark. Code Ann. ? 9-9-207(a)(2)(i), was clear and convincing.

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Oliver v. Ark. Dep't of Human Servs., No. CA08-1150, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, March 11, 2009, Opinion Delivered
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Proctor v. Vickers, No. CA08-615, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, March 11, 2009, Opinion Delivered
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Ritchie v. Stewart Props., LLC, No. CA 08-894, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, March 11, 2009, Opinion Delivered
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Overview: An appellate court was unable to review a decision from the Arkansas Workers' Compensation Commission regarding a claim for further medical treatment under Ark. Code Ann. ? 11-9-508(a) because there were no findings to support a conclusion that treatment of a knee injury past the healing period was not reasonable and necessary.

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