Arkansas, March, 2005, State Case law

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State Courts - Arkansas - March 23, 2005

$ 735 in U.S. Currency v. State, CA 04-812, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, March 23, 2005, Opinion delivered
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Overview: An owner's motion for a directed verdict should have been granted in a forfeiture proceeding under Ark. Code Ann. ? 5-64-505 (1997) because money was not found in proximity to drug paraphernalia; iodine was not drug paraphernalia under Ark. Code Ann. ? 5-64-101(v) (1997) because it was merely a drug ingredient.

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Ark. Methodist Hosp. v. Hampton, CA 04-988, COURT OF APPEALS OF ARKANSAS, March 23, 2005, Decided
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Overview: An accident that occurred while an employee was going to get breakfast for all nurses in an intensive care unit was compensable under Ark. Code Ann. ? 11-9-102(4)(A)(I) (Supp. 2003) because the activity served to at least indirectly advance the interest of the employer by reducing the time that the unit was short-staffed.

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Cisco v. King, CA 03-1149, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, March 23, 2005, Opinion Delivered
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Overview: In a wrongful termination case, judgment was properly entered in favor of several employees because a county's employment manual relating to the tenure of permanent employees could have reasonably led the employees to expect that the manual created enforceable employment obligations.

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Dechant v. State, CACR04-501, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, March 23, 2005, Decided
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Hays Grocery Store v. Arnold, CA04-890, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, March 23, 2005, Decided
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Howard v. State, CACR04-949, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, March 23, 2005, Decided
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Overview: Denial of defendant's Batson challenge motion, based on Equal Protection Clause, was affirmed where she failed to show that peremptory strike of first juror was part of a process or pattern designed to discriminate or that first juror was excluded solely because of race because both jurors who indicated that they could not follow law were struck.

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Jenkins Family, Ltd. P'ship v. City of Fort Smith, CA04-846, COURT OF APPEALS OF ARKANSAS, March 23, 2005, Decided
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Overview: Landowners' appeals were dismissed where the orders appealed from had not terminated the actions below and were not final, appealable orders because the orders only disposed of the landowners' counterclaims concerning the legality of city's eminent domain taking and no Ark. R. Civ. P. 54(b) certificate was executed allowing for an immediate appeal.

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Jones Bros., Inc. v. Journagan Constr. Co., CA04-842, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, March 23, 2005, Decided
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Lang v. Nix, CA04-947, COURT OF APPEALS OF ARKANSAS, March 23, 2005, Decided
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Overview: Where the trial court granted summary judgment dismissing two of six defendants from a medical malpractice lawsuit, it was ineffective to certify the patient's appeal. The Ark. R. Civ. P. 54(b) certificate did not contain specific factual findings as to why an appeal should proceed at this point.

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Lowry v. State, CA CR03-1065, COURT OF APPEALS OF ARKANSAS, DIVISIONS THREE AND FOUR, March 23, 2005, Opinion delivered
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Overview: Court erred by denying defendant's motion for a continuance where the State submitted to defendant voluminous and crucial discovery only two days before trial, including a report from the fire inspector, a recorded statement given by defendant on the night of his arrest, and a copy of his phone records.

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