Arkansas, March, 2008, State Case law

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State Courts - Arkansas - March 12, 2008

Lee v. State, CACR07-429, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, March 12, 2008, Decided
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Overview: The evidence was sufficient to support a conviction for fraudulent use of a credit card under Ark. Code Ann. ? 5-37-207 where company representatives stated that defendant was not authorized to use the card, and defendant made inconsistent statements as to why he was purchasing gasoline with the card.

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Long v. State, CA CR 07-674, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, March 12, 2008, Decided
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Overview: A motion to suppress evidence was denied in a drug case because there was no Fourth Amendment violation based on an officer's entry into defendant's residence; defendant consented since he went to the police station to report a crime, and the officer was given a key to defendant's home to secure the crime scene.

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Luu v. Still, No. CA 07-852, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, March 12, 2008, Opinion Delivered
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Overview: In a medical malpractice case, a release executed by a patient and a hospital was insufficient to release a doctor from liability under Ark. Code Ann. ? 16-61-204 based on language in the release referencing the hospital's employees. The doctor was already a party to a lawsuit relating to a breast reduction.

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McMillon v. Lost Cherokee of Ark., CA07-670, COURT OF APPEALS OF ARKANSAS, DIVISIONS THREE AND FOUR, March 12, 2008, Decided
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Nat'l Home Ctrs. v. Sadler, CA07-1017, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, March 12, 2008, Decided
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Overview: A benefits claimant was awarded workers' compensation benefits for a knee injury where it was found to be compensable under Ark. Code Ann. ? 11-9-102(4)(A)(i); the parties disputed whether the claimant had told supervisors of a second incident involving the knee, and the medical evidence clearly showed a work-related knee injury.

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Pugh v. State, CACR07-828, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, March 12, 2008, Decided
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Rawls v. State, CACR07-825, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, March 12, 2008, Decided
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Overview: The evidence was sufficient to support a conviction for possession of a firearm by a certain person where an officer felt a gun during a pat-down of defendant, he saw a silver gun on the ground and attempted to kick it away from defendant's reach, a bystander found the gun, and the gun was returned to police.

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Roe v. Ark. Dep't of Human Servs., CA07-1167, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, March 12, 2008, Decided
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Overview: Although she had made some progress by testing negative for drugs and maintaining a house and employment, a mother's parental rights were terminated under Ark. Code Ann. ? 9-27-341(b) where she failed to maintain meaningful contact with her children, and she failed to remedy at least one of the reasons why she lost custody.

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Sanders v. State, CACR07-876, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, March 12, 2008, Decided
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Superior Indus. v. Barrera, CA07-951, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, March 12, 2008, Decided
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