Arkansas, February, 2004, State Case law

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State Courts - Arkansas - February 25, 2004

Jones v. Prof'l Counseling Assocs., CA03-776, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, February 25, 2004, Decided
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Overview: Where a patient failed to attack both of the alternative bases on which summary judgment was granted to a counseling office, a doctor, a social worker, and another in the patient's medical malpractice action, neither basis was reviewed on appeal.

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King v. Powell, CA 03-451, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, February 25, 2004, Decided
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Overview: As property owner produced substantial evidence that her use of property was recreational and that trees neighbor destroyed had aesthetic value, cost to replace the trees, not the property's diminution in value, was the proper measure of damages.

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Lynch v. State, CACR03-783, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, February 25, 2004, Decided
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Overview: Defendant not only failed to assert an objection to an instruction on his prior convictions, the trial court was authorized to inform the jury about his previous felony and misdemeanor convictions based on the controlling statutory authority.

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Porter v. State, CACR03-601, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, February 25, 2004, Decided
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Overview: Evidence was sufficient to convict defendant where he possessed the requisite intent to commit residential burglary and a witness testified that defendant approached him about killing the victim.

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Surratt v. Surratt, CA 03-863, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, February 25, 2004, Opinion Delivered
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Overview: Husband could not, by waiving military retirement pay benefits in order to receive disability payments, unilaterally deprive wife of her property, which the parties had agreed to during their divorce; thus, he was obligated to continue paying wife.

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Thomas v. State, CACR03-406, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, February 25, 2004, Decided
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Overview: Where defendant failed to make an objection to an in-court identification, he did not preserve a challenge to a pretrial photographic identification, and a prosecutor's comment was not an improper comment on defendant's failure to testify.

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Wal-Mart Stores, Inc. v. Kilgore, CA 03-397, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, February 25, 2004, Opinion Delivered
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Overview: Trial court did not err in denying store's motion for directed verdict in negligence action where there was substantial evidence that customer suffered post-traumatic stress syndrome after ingesting wrong medicine provided to him by store's pharmacy.

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Wineland v. Wal-Mart Stores, Inc., CA 03-842, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, February 25, 2004, Decided
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Overview: In the injured party's slip and fall case, there was evidence that there was a master-servant relationship between the store and the cleaning crew; thus, because an issue of material fact existed, summary judgment was improperly granted to the store.

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