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   State Courts - Arkansas - March 9, 2005

  
Pyle v. Pyle, CA03-1279, COURT OF APPEALS OF ARKANSAS, March 9, 2005, Decided
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Overview: Where Arkansas judge held husband in contempt for failure to make truck payments and pay alimony pursuant to divorce decree, but held in abeyance any sanctions until nature of contempt was clear, the order was not final. Because no sanctions were imposed in the order appealed from, the appeals court dismissed the appeal for lack of a final order.

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Rolston v. State, CACR04-588, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, March 9, 2005, Decided
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Stevenson v. State, CACR04-527, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, March 9, 2005, Decided
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Overview: Defendant's convictions for delivering cocaine and possessing cocaine were proper where the evidence was sufficient to prove possession because it demonstrated that he possessed a substance containing 230 milligrams of cocaine.

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Taylor v. Hamilton, CA 04-886, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, March 9, 2005, Opinion Delivered
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Overview: Administratrix for the deceased wife's estate was barred by the doctrine of res judicata and claim-preclusion from contesting any issues concerning the son's paternity or the son's failure to name the deceased father's estate as an indispensible party to the paternity action. The son was a pretermitted heir under Ark. Code Ann. § 28-9-209(d).

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Valenzuela v. State, CACR03-373, COURT OF APPEALS OF ARKANSAS, March 9, 2005, Decided
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Overview: The appellate court granted defendant leave under Ark. Sup. Ct. & Ct. App. R. 4-2(b)(3) to file a substituted abstract, brief, and addendum to allow him to include, without translation, a videotape made of the encounter between defendant and a police officer demonstrating that he did not freely consent to a search of his vehicle.

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Wilson v. Schuman, CA 04-709, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, March 9, 2005, Opinion delivered
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Overview: A trial court erred by finding that a neighbor had acquired a prescriptive easement over a road because his act of placing gravel on a road and installing a gate were not sufficient to put the owner on notice of hostile use. The evidence showed that the neighbor's right arose from his wife's personal easement, which was not adverse to the owner.

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Wilson v. State, CACR04-140, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, March 9, 2005, Decided
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Overview: In a manslaughter case, defendant's motion for a directed verdict should have been granted because the evidence did not show that he exited a car and shot a victim. The issue was properly preserved under Ark. R. Crim. P. 33.1 because, even though it was only made once, defendant rested the case without presenting additional evidence.

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