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| Carman v. Dir., Empl. Sec. Dep't, E05-76,
COURT OF APPEALS OF ARKANSAS, DIVISION TWO, April 5, 2006, Decided
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Overview: A bookkeeper who left her job following a disagreement with the company's owner was disqualified from receiving unemployment benefits pursuant to Ark. Code Ann. § 11-10-513. The fact that she had difficulty understanding what the owner wanted in the report was not good cause to quit her employment.
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| Chaney v. Williams, E05-256,
COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, April 5, 2006, Decided
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Overview: The Arkansas Board of Review erred when it held that a department manager was disqualified from receiving unemployment compensation benefits upon his termination for failing to come forward and accept his ten-year service award. His action did not amount to misconduct under Ark. Code Ann. § 11-10-514 (a)(1).
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| Dortch v. State, CACR05-269,
COURT OF APPEALS OF ARKANSAS, DIVISION TWO, April 5, 2006, Decided
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Overview: Where defendant was driving a car that contained ninety-three individual bags of marijuana, his control of the gym bag next to the contraband was circumstantial evidence of his control of the drugs. He was properly convicted of possession of marijuana with intent to deliver under Ark. Code Ann. § 5-64-401. He was not entitled to a directed verdict.
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| Duffield v. Benton County Stone Co., No. 06-1329,
SUPREME COURT OF ARKANSAS, April 5, 2006, Opinion Delivered
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Overview: Landowners sought to intervene in matter involving a stone company and a planning board. Decision granting landowners permissive intervention, pursuant to Ark. R. Civ. P. 24(b), was not appealable because judgment was not final. Landowners were not left without another avenue of appealing denial of intervention as of right following final judgment.
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| Harris v. State, CACR05-289,
COURT OF APPEALS OF ARKANSAS, DIVISION THREE, April 5, 2006, Decided
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Overview: In a criminal appeal, the appellate court was unable to reached defendant's claim that the search warrant leading to his conviction for drug possession was invalid because the affidavit failed to make a sufficient showing of probable cause. The claim was not preserved for review, because counsel withdrew his motion to suppress the evidence.
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| Johnson v. Wilcox, CA05-765,
COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, April 5, 2006, Decided
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Overview: Court erred in awarding summary judgment to deceased's three children in their action against deceased's widow for declaration that she had no interest in proceeds from sale of real property because the issue of whether the deceased's one-fourth interest in the real property was held as a tenancy by the entirety could not be decided on the record.
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| Landingham v. Ark. Dep't of Human Servs., CA05-447,
COURT OF APPEALS OF ARKANSAS, DIVISION THREE, April 5, 2006, Decided
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Overview: Trial court properly terminated a father's parental rights under Ark. Code Ann. § 9-27-341(b)(3) as evidence showing that he was serving a 45-year sentence for the severe beatings he committed against the children's mother was sufficient to find that termination of his parental rights was in the children's best interests.
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| Lawson v. State, CA CR 05-974,
COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, April 5, 2006, Decided
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Overview: Court did not err during defendant's murder trial in refusing to allow evidence of victim's conviction for cruelty to animals, and evidence concerning victim's violent assault upon police officer where defendant claimed that the shooting was an accident. Where self defense was not established, Ark. R. Evid. 404(a)(2) and 405(b) were not applicable.
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| Massey v. Chauhan, CA05-1055,
COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, April 5, 2006, Decided
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Overview: Summary judgment was properly awarded to a radiologist in a patient's medical malpractice action alleging that he failed to recognize that her mammograms indicated that she had breast cancer because the patient failed to provide expert testimony, as required by Ark. Code Ann. § 16-114-206(a), regarding the standard of care required of radiologists.
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