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| A.D.S. v. State, CA06-520,
COURT OF APPEALS OF ARKANSAS, DIVISION ONE, March 7, 2007, Decided
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Overview: At a hearing in a juvenile delinquency proceeding, appellant's attorney moved for a directed verdict without challenging the sufficiency of the evidence. Raising the insufficiency argument in closing arguments was ineffectual to preserve the issue for review.
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| Bolin v. Ark. HHS, CA 06-1128,
COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, March 7, 2007, Decided
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Overview: A mother's parental rights were properly terminated under Ark. Code Ann. § 9-27-341 where she failed to secure adequate housing for her five children, she missed half of the visitations scheduled, she failed to comply with other parts of the case plan, and the children were adoptable, despite some emotional and developmental issues.
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| Borders v. State, CACR06-268,
COURT OF APPEALS OF ARKANSAS, DIVISION ONE, March 7, 2007, Decided
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Overview: Where appellant's probation was revoked and his attorney filed an Anders brief pursuant to Ark. Sup. Ct. & Ct. App. R. 4-3(j), his attorney's motion to withdraw was denied and remand was warranted because it was unclear whether the final judgment and commitment order accurately reflected the offenses for which appellant was placed on probation.
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| Bradford v. Plaza at the Vill., CA 06-679,
COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, March 7, 2007, Decided
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Overview: Arkansas Workers' Compensation Commission properly determined that a benefits claimant failed to show a compensable neck injury under Ark. Code Ann. § 11-9-102(4)(A) due to lifting heavy trays of dishes where co-workers contended that she told them the injury was caused by a car accident; it was up to the Commission to decide credibility issues.
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| Brown v. State, CACR06-793,
COURT OF APPEALS OF ARKANSAS, DIVISION ONE, March 7, 2007, Decided
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Overview: The denial of defendant's motion for a directed verdict and his convictions for aggravated robbery and sexual assault in the second degree were appropriate because he failed to challenge the sufficiency of the accomplice-corroboration evidence in his motion for directed verdict at trial. Thus, his argument was precluded from appellate review.
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| Cavin v. Davis, CA06-248,
COURT OF APPEALS OF ARKANSAS, DIVISION THREE, March 7, 2007, Decided
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Overview: A finding that the decedent's 2003 will, and not her 1999 will, would be accepted for probate was proper because appellants failed to prove that the decedent suffered from an "insane delusion" that appellants meant to cause the decedent harm. There was conflicting evidence presented and it was the trial court's role to resolve those conflicts.
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| Cedar Chem. Co. v. Knight, CA06-538,
COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, March 7, 2007, Decided
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Overview: Pursuant to Ark. Code Ann. § 11-9-102(4)(A)(i), Arkansas Workers' Compensation Commission properly awarded the employee benefits given the employee's and his wife's credible testimony regarding the circumstances and facts surrounding the injury and the doctor's opinion that the employee's torn medial meniscus resulted from his recent work injury.
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| Clemons v. State, CACR06-811,
COURT OF APPEALS OF ARKANSAS, DIVISION THREE, March 7, 2007, Decided
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Overview: Evidence was sufficient to support defendant's conviction for breaking or entering under Ark. Code Ann. § 5-39-202(a)(1) and theft of property under Ark. Code Ann. § 5-36-103(a)(1) where victim saw defendant in his yard just after his CD player was stolen from his car, no one else was around, and defendant was concealing something under his jacket.
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| Collins v. St. Vincent Doctors, CA06-569,
COURT OF APPEALS OF ARKANSAS, DIVISION TWO, March 7, 2007, Decided
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Overview: Pursuant to Ark. R. Civ. P. 58, June 18, 2004 non-suit order against patient's medical malpractice claim controlled although it was not served on the parties. Under Ark. Code Ann. § 16-56-126, patient did not refile complaint within limitations period; thus, it was untimely and properly dismissed. Patient did not prove fraud by opposing attorney.
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| Deaton v. Deaton, CA06-722,
COURT OF APPEALS OF ARKANSAS, DIVISION ONE, March 7, 2007, Decided
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Overview: Awarding the husband an equal portion of the residence that the parties built during the marriage was proper because the wife had made a gift of the nonmarital funds to the union. When the wife deposited money from timber sales in a joint checking account, she acknowledged that the husband had an equal interest in the money.
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