Arkansas, March, 2005, State Case law

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State Courts - Arkansas - March 16, 2005

T & S Roofing v. Kilgore, CA 04-867, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, March 16, 2005, Decided
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Overview: An appellate court did not reach the merits of a case in which a trial court granted summary judgment to homeowner on her breach of contract claim against contractors because contractors' appeal was not from a final, appealable order as required by Ark. R. App. P. Civ. 2(a) and Ark. R. Civ. P. 54(b); trial court's orders did not resolve all claims.

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Talley v. State, CACR 04-572, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, March 16, 2005, Decided
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Overview: In a criminal appeal, defendant's claim that the Arkansas accomplice-liability instructions failed to properly instruct on the essential element of intent was not preserved for review. Defendant made no objection in the trial court to the jury instructions.

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Thomas v. State, CACR 04-918, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, March 16, 2005, Decided
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Overview: Where defendant was convicted of two counts of aggravated robbery and one count of felony theft for participating in the robbery of an auto parts store which resulted in an employee's death, the trial court properly ordered consecutive sentences under Ark. Code Ann. ? 5-4-403(a) (Supp. 2003), for a total of twenty-three years in prison.

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Turner v. State, CACR04-652, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, March 16, 2005, Decided
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Overview: Where defendant was tried for the rape, kidnaping, and aggravated assault of his aunt, he failed to prove the defense of insanity under Ark. Code Ann. ? 5-2-312(a) (Supp. 2003). The State's expert psychologist testified that defendant was able to conform his conduct to the law based on evidence that he took affirmative steps to avoid his arrest.

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Waddle v. State, CACR04-179, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, March 16, 2005, Decided
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Williams v. Willamette Indus., CA04-974, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, March 16, 2005, Decided
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Overview: Employee's claim for permanent-disability benefits for muscle loss in his abdominal wall following surgery to treat compensable leg injury was improperly denied; while employee could not prove existence of a hernia, employee had abdominal defect as result of surgery and was entitled to compensation under Ark. Code Ann. ? 11-9-522(a) (Repl. 2002).

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Willis v. State, CA CR 04-858, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, March 16, 2005, Opinion Delivered
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Overview: Trial court did not abuse its discretion in amending judgment and commitment order when defendant was aware that State was seeking revocation of probation, the petition listed three underlying convictions, and the case number listed both offenses and where there was no explicit exclusion of theft of property in plea agreement or at the hearing.

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