Arkansas, March, 2006, State Case law

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State Courts - Arkansas - March 22, 2006

Roston v. State, CACR05-277, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, March 22, 2006, Decided
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Overview: Appellate court affirmed defendant's conviction and the denial of his motion to suppress because the appellate court deferred to the trial court's assessment of the credibility of the witnesses, and the court was free to find the officers' testimony more credible than defendant's.

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Saeidi v. State, CACR05-1017, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, March 22, 2006, Decided
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Overview: Defendant's conviction for keeping gambling house, in violation of Ark. Code Ann. ? 5-66-103, was upheld where it was unnecessary for State to prove that he was owner of the store where video poker machines were located. There was substantial evidence to show control where defendant came to store and explained to the police how the machines worked.

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Shoe v. Custom Pak, Inc., CA05-928, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, March 22, 2006, Decided
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Overview: Arkansas Workers' Compensation Commission's finding that employee failed to show entitlement to benefits because she did not overcome presumption, under Ark. Code Ann. ? 11-9-102(4)(B)(iv)(b), that illegal drug use was cause of her injury was upheld, as employee tested positive for marijuana use at hospital and admitted smoking marijuana regularly.

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Southwest Ark. Dev. Council, Inc. v. Tidwell, CA 05-1198, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, March 22, 2006, Decided
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Overview: Arkansas Workers' Compensation Commission properly awarded benefits to employee who worked as in-home client service assistant because at time that employee's vehicle was hit by truck, she was driving back onto highway after stopping for soft drink between clients' homes; she had resumed the travel necessary to offer services to employer's clients.

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Stephens v. N. Ridge Health Care Rehab., CA05-1120, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, March 22, 2006, Decided
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Overview: Denial of an employee's claim for workers' compensation benefits pursuant to Ark. Code Ann. ? 11-9-102(4)(A)(i) was affirmed as the evidence indicated that the employee had been diagnosed with carpal tunnel syndrome several days before her injury working for the employer, and the employee was not claiming an aggravation of a preexisting condition.

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Stephens v. State, CACR 05-781, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, March 22, 2006, Decided
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Overview: Evidence supported defendant's conviction of rape based on deviate sexual activity under Ark. Code Ann. ? 5-14-103(a)(1)(A) because direct proof of sexual gratification was not required; there were sexual overtones to his assault of his girlfriend where he inserted his fingers into her vagina after he ripped off her clothes and straddled her.

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Steward v. State, CACR05-221, COURT OF APPEALS OF ARKANSAS, DIVISIONS ONE AND TWO, March 22, 2006, Decided
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Overview: Where defendant was charged with several counts of attempted capital murder, the court did not err in ordering that he be restrained at trial under Ark. R. Crim. P. 33.4. When a doctor determined that defendant demonstrated a type of delusion, the trial was suspended under Ark. Code Ann. ? 5-2-310 until defendant's fitness to proceed was restored.

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Williams v. State, CACR05-819, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, March 22, 2006, Decided
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Wilson v. Cornerstone Masonry, CA05-966, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, March 22, 2006, Decided
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Overview: Where the employee returned to work after an accident and was later diagnosed with a broad posterior disc protrusion, a doctor opined that the herniated disc was causally related to the accident. The Arkansas Workers' Compensation Commission erred by finding that he did not sustain a compensable injury under Ark. Code Ann. ? 11-9-102(4)(A)(i).

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