Arkansas, March, 2007, State Case law

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State Courts - Arkansas - March 14, 2007

Tyler v. State, CACR06-707, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, March 14, 2007, Decided
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Overview: Where defendant was convicted on December 30, 2005 in a district court, her appeal to a circuit court on January 3, 2006 was timely; moreover, the record was sufficient to satisfy the requirements of Ark. Dist. Ct. R. 9 where all documents available from the district court were filed with the circuit court.

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Valenzuela v. Ark. HHS, CA06-850, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, March 14, 2007, Decided
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Overview: A mother's parental rights were terminated and although the mother argued that she was given insufficient notice, her attorney did not object to or request a ruling on the issue of service, and the mother failed to raise the question of improper service and obtain a ruling from the circuit court.

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Viveros v. State, CACR 06-173, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, March 14, 2007, Decided
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Overview: A motion to suppress evidence was denied in a drug case because a detention did not violation Ark. R. Crim. P. 3.1 where an officer was able to detain defendant during a traffic stop to perform routine checks; facts that came to light during such detention warranted the continuation of such.

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Weaver v. Nabors Drilling USA , CA06-543, COURT OF APPEALS OF ARKANSAS, DIVISIONS ONE, TWO AND THREE, March 14, 2007, Decided
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Overview: Where a benefits claimant did not show a specific incident at work that caused him to have tingling and burning in his hands, he failed to prove that he had a compensable accidental injury under Ark. Code Ann. ? 11-9-102; the injury could have been sustained in a 1995 fall or any other time.

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Webb v. State, CACR06-764, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, March 14, 2007, Decided
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Overview: Defendant's argument that his motion to suppress should not have been denied was improper because he changed the basis of his challenge to the suppression of evidence on appeal. On appeal, he focused on the voluntariness of his estranged wife's consent to search and on the officer's behavior.

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Wells v. State, CACR06-573, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, March 14, 2007, Decided
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Overview: The revocation of the suspension of defendant's sentence after he pled guilty to possession of a controlled substance with the intent to deliver was appropriate because his sufficiency argument failed since he attacked only one of the grounds upon which revocation of his suspension was based.

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Winfrey v. State, CACR06-388, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, March 14, 2007, Decided
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Overview: Court did not abuse its discretion in refusing to dismiss four selected jurors who had read news articles about defendant because none of the jurors answered that they had formed an opinion based on information they read about case, whether from newspaper or internet; defendant failed to show that he was prejudiced or that he was denied fair trial.

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