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| Brock v. State, CA CR 04-810,
COURT OF APPEALS OF ARKANSAS, DIVISION THREE, March 2, 2005, Decided
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Overview: Sufficient evidence supported defendant's domestic battery convictions, as he had lived with the victim before the first offense was committed, and the fact that the victim was married to someone else was irrelevant. Defendant's non-presumptive sentence was within the statutory range, and he waived any right to have a jury determine his sentence.
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| Burton v. State, CACR04-282,
COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, March 2, 2005, Decided
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Overview: Evidence was sufficient to sustain defendant's convictions for aggravated assault, criminal mischief, and felon in possession of a firearm, Ark. Code Ann. §§ 5-13-204, -38-203, and -73-103, as one complainant argued with defendant, both complainants heard gunshot as they left, one found a bullet hole in her car, and defendant was a convicted felon.
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| Caudle v. Hatfield Lumber Co., CA 04-778,
COURT OF APPEALS OF ARKANSAS, DIVISION TWO, March 2, 2005, Decided
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Overview: Decision of the Arkansas Workers' Compensation Commission denying the claimant's request for additional benefits for an alleged subsequent back injury was affirmed because claimant's own testimony of a subsequent injury was not supported by the medical histories or any other evidence of record.
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| Coleman v. Regions Bank, CA04-401,
COURT OF APPEALS OF ARKANSAS, DIVISION TWO, March 2, 2005, Decided
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Overview: Court affirmed judgment for lessee in its suit seeking declaratory judgment that it had complied with terms of lease before ownership of lessee's buildings passed to lessors; even though unique features made buildings unmarketable, lessors failed to prove that drafters of leases intended that "good condition" clauses require removal of alterations.
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| Dodd v. Sparks Reg'l Med. Ctr., CA 04-729,
COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, March 2, 2005, Opinion delivered
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Overview: Summary judgment was properly granted in favor of the doctors and clinic where the estate administrator's expert was not qualified as such and his affidavit did not include any statements setting forth the standard of care as required by Ark. Code Ann. § 16-114-206(a); proximate causation was lacking in claim against medical center.
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| Foster v. State, CACR04-590,
COURT OF APPEALS OF ARKANSAS, DIVISION THREE, March 2, 2005, Decided
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Overview: Even if a court made a mistake in admitting defendant's prior commercial burglary conviction into evidence without conducting a balancing test pursuant to Ark. R. Evid. 609, the error was harmless; there was still abundant evidence that defendant was delivering cocaine to support a conviction, including a videotape of the actual drug delivery.
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| Fraley v. State, CACR04-600,
COURT OF APPEALS OF ARKANSAS, DIVISION ONE, March 2, 2005, Decided
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Overview: Defendant's conviction for raping his minor stepdaughter was upheld because there was specific testimony from victim regarding the rape and penetration; victim explained that inappropriate touching occurred under her clothes and both inside and outside of her "private part." Victim's testimony constituted substantial evidence to support conviction.
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| Graham v. Comm'n Jenkins Eng'g, Inc., CA04-702,
COURT OF APPEALS OF ARKANSAS, DIVISION TWO, March 2, 2005, Decided
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Overview: Workers' compensation commission found that claimant was not entitled to additional medical benefits under Ark. Code Ann. § 11-9-508 (2003) as surgeon's opinion was based on facts related by claimant whose credibility was questioned, and there was evidence that claimant had already reached maximum medical improvement prior to surgeon's treatment.
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| Hampton v. State, CA CR 03-801,
COURT OF APPEALS OF ARKANSAS, DIVISIONS ONE AND FOUR, March 2, 2005, Opinion delivered
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Overview: No evidence supported a reasonable belief that contraband would likely have been found in defendant's home and the search warrant affidavit failed to provide a substantial basis on which to find probable cause under Ark. R. Crim. P. 13.1(b), but the good-faith exception applied and warranted the denial of defendant's motion to suppress.
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