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   State Courts - Arkansas - March 31, 2004

  
Benson v. State, CACR03-477, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, March 31, 2004, Decided
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Overview: In his appeal from an aggravated robbery conviction, defendant's claim that the trial court erred by denying his request for a lesser-included theft-by-receiving jury instruction was barred, as he did not prepare and submit an instruction at trial.

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Burris v. Burris, CA03-310, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, March 31, 2004, Decided
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Overview: The trial court properly quieted title in property in a grantor and his son because a trustee's deed for the property in favor of the grantor and son was valid, given that the deed of the property to the trustee was also valid.

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Camp v. Camp, CA03-715, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, March 31, 2004, Decided
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Overview: Trial court properly divided marital property by awarding the parties one-half of an annuity account and ordering other marital property sold and the proceeds divided; the status of the property as marital turned on credibility determinations.

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Carroll v. Ark. Dep't of Human Servs., CA03-838, COURT OF APPEALS OF ARKANSAS, March 31, 2004, Decided
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Overview: The trial court did not err in finding that termination of parental rights was in the best interest of the child, as there was evidence that the parents' continued instability and problems would be potentially harmful to the child.

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Fletcher v. Baxter County Reg'l Hosp., CA03-946, COURT OF APPEALS OF ARKANSAS, March 31, 2004, Decided
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Overview: A workers' compensation commission properly found that a certain surgery was not reasonably necessary treatment for an employee because the surgery was to correct a pre-existing condition and the surgery did not improve the employee's symptoms.

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Green v. Ark. Dep't of Human Servs., CA03-1196, COURT OF APPEALS OF ARKANSAS, March 31, 2004, Decided
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Overview: The trial court did not err in terminating the parents' parental rights, where the children were repeatedly exposed to drug use and the dangerous methamphetamine manufacturing process and the parents would not change the situation.

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Harman v. Kroger & Rskco, CA03-882, COURT OF APPEALS OF ARKANSAS, March 31, 2004, Decided
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Overview: Arkansas Workers' Compensation Commission did not err in finding that bone scan was reasonably necessary for employee, where her credibility was in question, she contradicted testimony of others, and it was not supported by medical evidence.

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Ison Props., LLC v. Wood, CA 03-501, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, March 31, 2004, Decided
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Overview: Because the buyer failed to produce facts to support its venue argument, and because the statutes supported venue, the trial court correctly denied buyer's motion to dismiss on basis of venue. Striking buyer's defense of fraud was not untimely.

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Jacobs v. Gulf Ins. Co., CA 03-803, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, March 31, 2004, Opinion Delivered
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Overview: Employees could not proceed on uninsured motorist claim, where there was no uninsured motorist or vehicle involved; insured motor vehicle was not transformed into uninsured motor vehicle because certain policy exclusions barred recovery.

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King v. State, CACR03-727, COURT OF APPEALS OF ARKANSAS, March 31, 2004, Decided
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Overview: A trial court lacked the jurisdiction to revoke defendant's probation because a previous order of the trial court had already revoked defendant's probation.

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