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   State Courts - Arkansas - March 15, 2000

  
Ashley v. Temporaries Plus, Inc., No. CA99-1049, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, March 15, 2000, Opinion Delivered
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Overview: Injured worker was properly denied workers' compensation benefits since evidence supported commission's finding that worker failed to rebut presumption that his injury was substantially occasioned by use of cocaine.

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Black v. State, No. CACR99-846, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, March 15, 2000, Opinion Delivered
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Overview: Merits of probation revocation were not addressed because appellate abstract was flagrantly deficient since it consisted of only photocopies of canceled check and selected transcript pages from unidentifiable hearings.

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Coker v. Child Support Enforcement Unit, CA 99-756, COURT OF APPEALS OF ARKANSAS, DIVISIONS ONE AND TWO, March 15, 2000, Opinion delivered
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Overview: A former stepfather could attack an adoption decree even after expiration of the statutory time limit for withdrawal of a petition, where there was conflicting evidence as to extent of relationship with child.

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Duckson v. Cargill, No. CA 99-789, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, March 15, 2000, Opinion Delivered
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Overview: Chancery court decision granting partition of property to former unmarried partner tenant in common affirmed because land was not an asset of the parties' partnership. No remand to develop record on enhanced property value.

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Fletcher v. State, No. CA99-476, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, March 15, 2000, Opinion Delivered
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Overview: Transfer to juvenile court was denied because commercial burglary charge was serious offense, appellant had previous conviction, rehabilitation had not been effective, and appellant had chronic anger management problem.

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Foster v. Wilson, No. CA 99-415, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, March 15, 2000, Opinion Delivered
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Overview: In boundary dispute action, laches was not raised as affirmative defense during trial, chancellor did not announce ruling that appellant was entitled to easement, appellant failed to bring other arguments before trial court.

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Garrett v. State, No. CACR99-978, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, March 15, 2000, Opinion Delivered
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Overview: In a criminal matter, appellant's conviction was affirmed. Given appellant's admission, there was substantial evidence to support conviction. Appellant failed to preserve for review the denial of his suppression motion.

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Gattis v. State, No. CACR99-683, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, March 15, 2000, Opinion Delivered
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Overview: Denial of new trial proper where court could have found first juror did not knowingly answer voir dire question falsely and second juror had no significant inability to hear testimony so verdict was not void or voidable.

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Gazaway v. Pugh, CA 99-672, COURT OF APPEALS OF ARKANSAS, DIVISIONS FOUR AND ONE, March 15, 2000, Opinion delivered
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Overview: In challenge to the granting of a public prescriptive easement, court found similar acquiescence to longtime use; therefore, the presumption of permissive use had been overcome.

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Glason v. State, No. CACR99-906, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, March 15, 2000, Opinion Delivered
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Overview: Appellant's convictions were upheld because it was undisputed that a theft occurred and appellant's receipt of the goods, knowing that they had been stolen, was established by his confession.

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