Arkansas, March, 2006, State Case law

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State Courts - Arkansas - March 15, 2006

Lohman v. SSI, Inc., CA05-1044, COURT OF APPEALS OF ARKANSAS, March 15, 2006, Decided
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Overview: Arkansas Workers' Compensation Commission erred in overturning award of permanent partial disability benefits in excess of permanent physical impairment, as substantial evidence did not show employee refused to participate in offered program of rehabilitation and job-placement assistance; claim was not barred by Ark. Code Ann. ? 11-9-505(b)(3).

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Mizell v. Couey, CA05-555, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, March 15, 2006, Decided
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Overview: Court did not err in finding mother unfit and granting grandmother guardianship of her granddaughter; inter alia, appellate court thought it not unreasonable to discredit mother's testimony she had quit her 13 year alcohol and drug abuse, without aid of any treatment or program, during very time she removed herself from grandmother's observation.

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Parks v. Vierling, CA 05-896, COURT OF APPEALS OF ARKANSAS, March 15, 2006, Decided
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Overview: It was not an abuse of discretion to award attorney fees of $ 11,470, pursuant to Ark. Code Ann. ? 16-22-308 (2005), when damage award to homeowners was only $ 10,450; court awarded full amount sought, which was supported by detailed billing statements and was reasonable in light of the great deal of time and effort expended for the instant case.

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Reynolds v. State, CACR05-958, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, March 15, 2006, Decided
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Overview: Defendant pleaded guilty to theft of property and signed a form setting forth the conditions of her probation. Pursuant to Ark. Code Ann. ? 5-4-309(d), defendant violated her probation by failing to report to her probation officer. The trial court did not err in determining that her failure to report was inexcusable.

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Rudd v. A.L. Tenney Trustee, CA 05-1038, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, March 15, 2006, Decided
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Overview: Where evidence showed that a benefits applicant was relatively young, had a college education, and extensive clerical experience, she was unable to show that the odd-lot doctrine applied. It was not error to consider the fact that the applicant was not motivated to return to work due to finances, pursuant to Ark. Code Ann. ? 11-9-522(b)(1) (2002).

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Scissom v. State, CACR 05-725, COURT OF APPEALS OF ARKANSAS, DIVISIONS THREE AND FOUR, March 15, 2006, Decided
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Overview: Trial court erred in imposing additional confinement time to defendant's probation because period of confinement was included in the original order; therefore, no additional period of confinement could be imposed under the prior statute, Ark. Code Ann. ? 5-4-304 (Supp. 2001), which applied at the time of sentencing.

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Sparks v. Sparks, CA05-914, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, March 15, 2006, Decided
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Overview: Trial court did not err in finding the father in contempt for non-payment of child support and incarcerating him until all delinquent payments and attorney's fees were paid to the mother because the trial court found he had the ability to pay when income was imputed to him due the fact that his testimony as to his income was not credible.

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Sylvester v. Dir., Ark. Employment Sec. Dep't , E05-46, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, March 15, 2006, Decided
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Overview: Where appellant worked for the Arkansas State Police, he was terminated after lying about having a sexual affair with the victim in one of his cases. Appellant was disqualified from receiving unemployment benefits pursuant to Ark. Code Ann. ? 11-10-514(b), because he was discharged for misconduct related to his dishonesty.

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Williams v. State, CACR05-1064, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, March 15, 2006, Decided
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Overview: Appellate court reversed defendant's conviction for possession of a firearm by a felon because the State failed to establish that defendant exercised care, control, and management over the gun as required by Ark. Code Ann. ??5-73-103(a)(1).

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