Arkansas, February, 2007, State Case law

Access State and Federal Case Law, plus U.S. Supreme Court cases — for free!

Click on any of the case links below to view the full text of that case — for free — through lexisONE®, a legal research and news service from LexisNexis®. Login is required — registration is free!

State Courts - Arkansas - February 28, 2007

Arthur v. State, CACR06-809, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, February 28, 2007, Decided
View this case - free

Overview: A conviction for second-degree false imprisonment under Ark. Code Ann. ? 5-11-104 was upheld on review where defense counsel asked for that instruction in a kidnapping case, even though it was not a lesser-included offense. The claims were not preserved for review since they were raised for the first time on appeal.

Search Cases for Free

Benton County Water v. Benton Wash. Reg'l Pub. Water Auth., CA06-274, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, February 28, 2007, Decided
View this case - free

Overview: Where the terms of a water-purchase agreement were clear and unambiguous regarding rate modifications, a trial court erred by failing to enforce the contract as written.

Search Cases for Free

Bishop v. Bishop, CA05-996, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, February 28, 2007, Decided
View this case - free

Overview: Pursuant to Ark. Code Ann. ??9-14-107(a), circuit court did not err in leaving husband's child support obligations the same after it considered wife's and daughter's needs and the husband's decreased ability to pay. Husband was denied recovery for pre-contempt-motion car payments but payments on wife's car after he filed motion were not voluntary.

Search Cases for Free

Brewer v. Wal-Mart Stores, Inc., CA 06-784, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, February 28, 2007, Decided
View this case - free

Overview: Substantial evidence supported the denial of benefits for a neck injury because there was no causal connection shown by conflicting medical evidence, the claimant did not complain of neck pain when he was released to work or when he first sought medical attention for a shoulder injury, and he had previous neck problems.

Search Cases for Free

Byars Constr. Co. v. P&C Mgmt., CA06-807, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, February 28, 2007, Decided
View this case - free

Overview: A trial court erred in dismissing a construction company's action to foreclose on a materialmen's lien where the issue of whether the property owners received notice of the lien, as required by Ark. Code Ann. ? 18-44-115, was not implicated in an Ark. R. Civ. P. 12(b)(6) motion; that was an issue of proof for a later stage of the proceedings.

Search Cases for Free

CV's Family Foods v. Taylor, CA06-856, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, February 28, 2007, Decided
View this case - free

Overview: In a workers' compensation case, there was no implied reasonableness standard in Ark. Code Ann. ? 11-9-802; therefore, penalties were properly imposed where a payment for temporary total disability was 8 days late. Moreover, penalties were also imposed for the failure to pay due to the fact that a surgery was not immediately performed.

Search Cases for Free

Callaway v. State, CACR06-718, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, February 28, 2007, Decided
View this case - free

Overview: Based on the arresting's officer's testimony concerning defendant's sobriety and defendant's testimony, there was overwhelming evidence of guilt. Even if the blood-analysis results had been omitted, the State could establish guilt and any error that occurred by the admission of the blood-analysis results, Ark. Code Ann. ? 5-65-204, was harmless.

Search Cases for Free

Downing v. State, No. CR06-727, SUPREME COURT OF ARKANSAS, February 28, 2007, Delivered
View this case - free

Overview: While supreme court no longer required affidavit admitting fault before it would consider motion for belated appeal on inmate's entry of conditional appeal, Ark. R. Crim. P. 24.3(b), attorney should candidly admit fault where he erred and was responsible for failure to perfect the appeal. Attorney candidly admitted fault; thus, motion was granted.

Search Cases for Free

Eaton v. State, CACR05-1372, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, February 28, 2007, Decided
View this case - free

Overview: In a rape case, a court did not err in allowing witnesses to testify that defendant had molested them at the same age he began molesting the victim, Ark. R. Evid. 404(b), because the testimony was relevant in establishing defendant's proclivity in molesting female children between the ages of eight and ten with whom he established relationships.

Search Cases for Free

Georgia-Pacific Corp. v. Humphrey, CA06-923, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, February 28, 2007, Decided
View this case - free

Overview: Medical expenses and temporary total disability benefits were properly awarded to employee where there was medical evidence supported by objective findings to satisfy existence and extent of his shoulder injury, as was required by Ark. Code Ann. ? 11-9-102(5); under ? 11-9-102(4)(D), it was not necessary that medical evidence establish causation.

Search Cases for Free

Communities Portal