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| Barnett v. State, CACR06-647,
COURT OF APPEALS OF ARKANSAS, DIVISION ONE, March 14, 2007, Decided
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Overview: A suspended sentence imposed in a theft case was properly revoked where witness testimony showed that defendant committed assaults, engaged in disorderly conducted, and was intoxicated in public, in violation of Ark. Code Ann. §§ 5-71-212(a), 5-71-207(a)(1), 5-13-207(a); moreover, he failed to pay the restitution owed.
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| Bumgardner v. State, CACR05-775,
COURT OF APPEALS OF ARKANSAS, DIVISION TWO, March 14, 2007, Decided
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Overview: A motion to suppress evidence found during a consensual search of a vehicle should have been granted because defendant was unlawfully detained under the Fourth Amendment and Ark. R. Crim. P. 3.1 when he was not allowed to leave after an initial investigation of a domestic disturbance; police determined that defendant was the victim.
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| Collins v. St. Vincent Doctors, CA06-569,
COURT OF APPEALS OF ARKANSAS, DIVISION TWO, March 14, 2007, Decided
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Overview: The dismissal of a patient's medical malpractice claim was appropriate because it was untimely under Ark. Code Ann. § 16-56-126(a)(1). Further, the patient offered no proof that the hospital's attorney defrauded her or intended to defraud her in any way when he told her that the signing date was the date from which the statute would run.
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| Dykman v. Dykman, CA06-22,
COURT OF APPEALS OF ARKANSAS, DIVISION ONE, March 14, 2007, Decided
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Overview: An 85-year-old former husband was ordered to pay alimony to his former wife based on evidence that showed he used the wife's salary to fund his extramarital relationships with several women since the diversion of funds related to the wife's need, and the amount awarded was within his ability to pay since he was still employed.
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| Econ. Inn & Suites v. Jivan, CA06-158,
COURT OF APPEALS OF ARKANSAS, DIVISIONS THREE, FOUR & ONE, March 14, 2007, Decided
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Overview: Workers' compensation death benefits under Ark. Code Ann. § 11-9-527 were not awarded to a decedent's beneficiaries because the decedent was not performing employment services under Ark. Code Ann. § 11-9-102(4)(B)(iii) when she was killed in a fire at a hotel where she was on call since she was attending to her own personal needs in her residence.
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| Green v. Nu 'Ez, CA06-1072,
COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, March 14, 2007, Decided
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Overview: The denial of the doctor's motion to intervene in a probate matter to determine whether a personal representative was duly appointed to file a wrongful death/survival lawsuit against the doctors was proper because the trial court, by its order, had conferred on the representative the authority to file the lawsuit.
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| Hicks v. State, CACR 06-109,
COURT OF APPEALS OF ARKANSAS, DIVISION TWO, March 14, 2007, Decided
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Overview: Sufficient evidence supported appellant's second-degree murder conviction under Ark. Code Ann. § 5-10-103 because, inter alia, despite appellant's assertion that he had not meant to kill the victim, the evidence showed that the victim was brutally murdered; under Ark. R. Evid. 510, appellant waived the husband-and-wife privilege.
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| Int'l Paper Co. v. Hunter, CA06-911,
COURT OF APPEALS OF ARKANSAS, DIVISION TWO, March 14, 2007, Decided
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Overview: Where an employee fell while operating a forklift, substantial evidence supported the Workers' Compensation Commission's decision that he suffered compensable injuries because, inter alia, he was operating a forklift in the course and scope of his employment, there was truly no explanation for his fall, and there were no witnesses to the fall.
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| Jacobs v. S. Ark. Dev. Ctr., CA 06-924,
COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, March 14, 2007, Decided
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Overview: Where an employee fell on her knee at work, she proved that her back problems were causally related to her work injury because, inter alia, there was no reason why the Workers' Compensation Commission rejected a specialist's notations of back pain as evidence causally linking her fall and her back problems.
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