Arkansas, March, 2009, State Case law

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State Courts - Arkansas - March 18, 2009

Barnett v. Douglas Tobacco, No. CA08-906, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, March 18, 2009, Opinion Delivered
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Overview: Order holding that employee was not entitled to additional 15 percent anatomical impairment rating after she had her third back surgery was upheld because by failing to elicit additional information from her surgeon, she fell short of proving any evidentiary basis to conclude that the third surgery was entitled to full 15 percent rating by itself.

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Carter v. State, No. CACR08-1061, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, March 18, 2009, Opinion Delivered
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Champlin v. State, No. CACR 08-831, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, March 18, 2009, Opinion Delivered
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Overview: Defendant's motions to suppress evidence seized by police and statements made to police were properly denied because the absence of a traffic violation was of no consequence as there was a reasonable suspicion for the stop pursuant to Ark. R. Crim. P. 3.1 and pretextual stops were permissible and did not invalidate the lawful stop of defendant.

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Glover v. Wackenhut Corp., No. CA 08-1065, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, March 18, 2009, Opinion Delivered
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Overview: Workers' compensation benefits were denied as to alleged cervical spine and right shoulder injuries because a benefits claimant did not show that there was a causal connection between those injuries and his employment, as required by Ark. Code Ann. ? 11-9-102; a work-related incident did not cause or aggravate his pre-existing conditions.

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Holman v. Coker, No. CA08-139, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, March 18, 2009, Opinion Delivered
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Overview: Downward departure from the Family Support Chart was proper, because the circuit court's findings on the record rebutted the presumption that the Chart amount was the correct amount of support, and transportation and recreation were legitimate child support considerations under Ark. Sup. Ct. Admin. Order No. 10(V)(a)(9), (11).

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Isely v. Odom, No. CA08-954, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, March 18, 2009, Opinion Delivered
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Overview: Circuit court's finding that appellants' predecessors in interest did not own property by adverse possession was not clearly erroneous. Evidence was not clear that predecessors used property continuously to run cattle for seven years. There was no evidence that possession was hostile or that predecessors intended to hold against true owner.

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Johnson v. Alcohol Bev. Control Div., No. CA08-871, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, March 18, 2009, Opinion Delivered
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Johnson v. State, CACR08-969, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, March 18, 2009, Decided
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Overview: Directed verdict motion was properly denied in a felony breaking and entering case under Ark. Code Ann. ? 5-39-202(a)(1) because there was sufficient circumstantial evidence to support the conviction based on the testimony of an eyewitness. Moreover, an officer identified defendant as the person fleeing the scene on a bicycle.

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Kofler v. Kofler, CA08-805, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, March 18, 2009, Decided
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Overview: In a divorce action, the trial court did not err in its division of rental properties because it was undisputed that the husband executed two quitclaim deeds to the wife, which purported to convey the two parcels of land; the husband presented no proof to rebut the construction of the deeds as set forth in Ark. Code Ann. ? 18-12-401 (2003).

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Munn v. State, No. CACR 08-1024, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, March 18, 2009, Opinion Delivered
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