Arkansas, March, 2006, State Case law

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State Courts - Arkansas - March 8, 2006

Moody v. Farm Bureau Mut. Ins. Co. of Ark., Inc., CA 05-910, COURT OF APPEALS OF ARKANSAS, March 8, 2006, Decided
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Overview: Trial court did not err in denying insured's motion to extend the time for filing notice of appeal where, pursuant to Ark. R. App. P. Civ. 4(b)(3), counsel did not act with due diligence in keeping up with the case. Insured's counsel was aware that two orders had been submitted to court, but did not ascertain whether court had entered the orders.

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Morehouse v. Lawson, CA 05-581, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, March 8, 2006, Decided
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Overview: Where a husband's income of $ 540,217.00 was reduced by $ 63,078, the trial court misapplied the support chart in reducing his child support award from $8333.00 to $ 7607.75. The trial court failed to make specific findings supporting a deviation, as required by Ark. Code Ann. ? 9-12-312(a)(2).

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Newton v. Tidd, CA05-982, COURT OF APPEALS OF ARKANSAS, March 8, 2006, Decided
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Overview: Appellate court reversed an order of protection entered against defendant as the evidence was insufficient to find that defendant had inflicted physical harm, bodily injury, assault, or fear of imminent physical harm, bodily injury, or assault, as required by Ark. Code Ann. ? 9-15-103(2)(A).

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Pitchford v. City of Earle, CA05-653, COURT OF APPEALS OF ARKANSAS, March 8, 2006, Decided
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Robbins v. State, CACR05-717, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, March 8, 2006, Decided
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Overview: Warrantless nighttime intrusion into defendants' home was improper under Ark. R. Crim. P. 14.3 as there were no exigent circumstances and the forced entry was not a tactic that comported with the Fourth Amendment or Ark. Const. art. II, ? 15; the fruits of the illegal seizure were poisoned by the officers' unlawful warrantless entry.

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Robinson v. State, CACR 05-909, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, March 8, 2006, Decided
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Overview: Defendant's DWI convictions in violation of Ark. Code Ann. ? 5-65-103 were proper because the officers involved opined that he was intoxicated by the smell of intoxicants emanating from him, and by his unsteadiness on his feet. Additionally, in one case an officer recalled seeing an open container in the vehicle.

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Stouffer v. T & L Janitorial, Inc., CA05-613, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, March 8, 2006, Decided
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Overview: Homeowners' appeal against the cleaning company was dismissed for lack of a final, appealable order where the trial court's judgment was uncertain and did not resolve the parties' dispute; the company was granted the full relief it sought, but the award was conditioned upon what further action the company chose to take.

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West v. Dir., Empl. Sec. Dep't, E05-227, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, March 8, 2006, Decided
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Overview: An employee was discharged from his position at a residential facility for the psychiatric care of children, because a central registry showed a report of child maltreatment. The listing demonstrated no wrongful intent or evil design such as would constitute misconduct under the unemployment security law, Ark. Code Ann. ? 11-10-514(a).

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