Arkansas, March, 2007, State Case law

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State Courts - Arkansas - March 21, 2007

Bolden v. State, CACR06-869, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, March 21, 2007, Decided
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Bradford v. State, CACR06-776, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, March 21, 2007, Decided
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Overview: Rebriefing was ordered in case related to controlled substance offenses because defendant failed to adequately abstract record in brief, as required by Ark. Sup. Ct. & Ct. App. R. 4-2(a)(5), as defendant did not provide appellate court with condensation of witnesses' testimony, but instead reproduced it verbatim in question-and-answer format.

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Coombs v. Hot Springs Vill. Prop. Owners Ass'n, CA05-832, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, March 21, 2007, Filed
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Overview: A JNOV was properly granted in a malicious prosecution case where the passenger of a truck was arrested when the vehicle bumped a key-card entry gate; even if there was no damage to the gate or a mistake about such, there was still probable cause for an arrest for criminal mischief or an attempt under Ark. R. Crim. P. 4.1(c).

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Davis v. State, CACR06-870, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, March 21, 2007, Decided
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Overview: An appellate court was unable to consider the substance of defendant's arguments on appeal because, in his motion for a directed verdict, defendant failed to specify how the State's case was deficient, as required by Ark. R. Crim. P. 33.1(c); defendant also failed to renew his directed-verdict challenge at the close of all of the evidence.

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Dykes v. State, CACR06-853, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, March 21, 2007, Decided
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Overview: Order revoking defendant's suspended sentences and sentencing him to five years in prison after he committed the offense of rape of 16-year-old girl was upheld where trial court did not err in denying his motion to call the victim's mother as a witness so that she could testify that the victim had made false accusations against others in the past.

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Gulley v. St. Edward Mercy Med. Ctr., No. CA 06-980, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, March 21, 2007, Decided
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Overview: There was substantial evidence, Ark. Code Ann. ? 11-9-102, to support the Arkansas Workers' Compensation Commission's finding that the employee did not prove that she was entitled to a permanent impairment rating of five percent to the body as a whole as a result of her compensable fall on October 15, 2002, Ark. Code Ann. ??11-9-704(c)(1)(B).

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Hooder v. Life of the S. Ins. Co. , CA06-658, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, March 21, 2007, Decided
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Overview: Judgment was properly awarded to an insurer in a wife's action to recover under a credit life insurance policy because the insured's material misrepresentation about the ongoing treatment for his heart problems was a sufficient basis for the insurer to rescind the policy under Ark. Code Ann. ? 23-79-107(a)(2) and (c) (1999).

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King v. Ark. HHS, CA 06-1094, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, March 21, 2007, Decided
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Overview: A trial court properly determined that two children were dependent-neglected under Ark. Code Ann. ? 9-27-303(18)(A) (Supp. 2005) where the evidence showed that the family stayed from time to time in an abandoned home, which was in shambles; the house had no running water or utilities, there were holes in the floor, and the roof leaked.

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LaFort v. State, CACR06-847, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, March 21, 2007, Decided
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Overview: Defendant's conviction for battery in the second degree in violation of Ark. Code Ann. ? 5-13-202(a)(4)(C) was appropriate because the evidence was clear that defendant intended to restrain the victim. The victim testified that defendant grabbed her, threw her into a chair, and pushed her down anytime she tried to stand up.

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Loredo v. Ark. Dep't of Human Servs., CA06-610, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, March 21, 2007, Decided
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Overview: There was clear and convincing evidence warranting termination of father's parental rights pursuant to Ark. Code Ann. ? 9-27-341(b)(3) given father's prison sentence and deportation, and inability to maintain significant contact with or provide material support for the child; it was in child's best interest to terminate father's parental rights.

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