Arkansas, March, 2003, State Case law

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State Courts - Arkansas - March 19, 2003

Baird v. State, CACR02-757, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, March 19, 2003, Decided
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Overview: Court found abstract and addendum on appeal of denial of suppression motions in trial for attempted first degree murder inadequate. Defendant was given 15 days to supplement record to show evidence was introduced and defendant was prejudiced.

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Bowman v. State, CACR 02-571, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, March 19, 2003, Decided
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Overview: Nature of offense and use of weapon were sufficient reason to deny transfer of case where 16 year old juvenile was charged with first-degree murder as an adult. Defendant's mild mental retardation did not mandate transfer to juvenile court.

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Brewer v. State, CA02-931, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, March 19, 2003, Decided
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Overview: Circuit court properly denied defendant's motion to transfer to juvenile court, where, during commission of robbery, defendant exchanged gunfire with restaurant owner, and as result, owner sustained gunshot wound and defendant's cohort died.

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Carver v. May, CA 02-685, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, March 19, 2003, Decided
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Overview: The trial court did not err in granting the father's petition to modify custody and grant him custody where the mother was clearly interfering with the father's visitation rights by alienating the children, which was not in their best interests.

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Craig v. Coffman, CA 02-894, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, March 19, 2003, Decided
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Overview: Trial court did not err in granting custody of the child to the mother where it was in the best interest of the child and the mother was not equitably estopped from seeking child-support payments from the father when he provided direct support.

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Emmett v. State, CACR02-510, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, March 19, 2003, Decided
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Overview: Trial court lacked jurisdiction to revoke probation and impose prison sentence because, under applicable version of statute, trial court executed defendant's sentence at prior revocation hearing by ordering defendant to pay fines and other costs.

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J. C. v. State, CA02-430, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, March 19, 2003, Decided
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Overview: Where the juvenile's burden to obtain a ruling on his motion to suppress his custodial statement in order to preserve a point of appeal with respect to it, but failed to do so, there was nothing for an appellate court to review.

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Johnson v. State, CACR02-388, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, March 19, 2003, Decided
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Overview: Defendant's guilty plea at first revocation hearing, coupled with a fine and probation, constituted a conviction, thereby depriving circuit court of jurisdiction to amend or modify, at second revocation hearing, the sentence that was executed.

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Lewis v. State, CACR02-303, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, March 19, 2003, Decided
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Overview: Denying defendant's directed-verdict motion was appropriate where substantial evidence existed to show defendant committed battery and aggravated assault. The jury was free to believe the State's testimony of events over defendant's testimony.

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McCree v. Walker, CA 02-398, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, March 19, 2003, Decided
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Overview: Finding against interim pastor was proper, where it was clear that majority of church members did not grant, to interim pastor, authority to prevent calling of meetings and allowing him to occupy that position indefinitely.

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