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   State Courts - Arkansas - April 4, 2007
  
Beahm v. First Western Bank, CA06-497, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, April 4, 2007, Decided
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Overview: Circuit court erred in denying a guarantor's motion for directed verdict as guaranteed note was materially modified without his consent, increasing the principal and completely changing the identity of the party whose loan the guarantor intended to guarantee. Novation did not occur so as to absolve debtor's liability as primary obligor on note.

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Branning v. State, CACR05-989, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, April 4, 2007, Decided
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Overview: Defendant's convictions for second-degree stalking, Ark. Code Ann. ? 5-71-229, and terroristic threatening, Ark. Code Ann. ??5-13-301, were dismissed where, based on conduct that resulted in charges filed in another court and the same sovereign requirements were met, double jeopardy applied, and nolle prossing of misdemeanors was a final judgment.

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Champlin v. State, CACR06-770, COURT OF APPEALS OF ARKANSAS, DIVISIONS THREE AND FOUR, April 4, 2007, Decided
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Overview: Where officers saw two defendants enter two retail stores and purchase pseudoephedrine, there was probable cause to arrest them under Ark. R. Crim. P. 4.1(a)(iii); moreover, there was sufficient evidence to support a conviction for possession of such with intent to manufacture where one defendant admitted buying so someone else could cook drugs.

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Davis v. Ark. Dep't of HHS, CA06-1300, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, April 4, 2007, Decided
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Overview: Termination of parental rights was proper due to aggravated circumstances, Ark. Code Ann. ? 9-27-341, because the mother engaged in repeated cruelty to the children by striking them, she was not credible in her testimony concerning her inability to obtain housing and employment, and she had remained unemployed over the previous two years.

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Davis v. Ark. Dep't of Human Servs., CA06-251, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, April 4, 2007, Decided
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Overview: While the father's counsel's appellate brief noted that the father worked full time, had a home for the children, and had rehabilitated himself, reversal of the termination of the father's parental rights was denied considering concessions in brief, including that the father had been harmful to the children.

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First Ark. Bail Bonds, Inc. v. State, No. CA06-721, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, April 4, 2007, Opinion Delivered
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Overview: A circuit court did not abuse its discretion in denying a bail bond company relief under Ark. R. Civ. P. 60 where it had not filed the motion within 90 days of the entry of judgment, the order would have been nunc pro tunc even if the court had corrected the bailee's name, and the company and court knew the bailee's real name prior to judgment.

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Hales v. Ark. HHS, CA06-309, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, April 4, 2007, Decided
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Overview: Where a mother failed to raise any argument that would support reversing the trial court's decision to terminate her parental rights, her appeal lacked merit. The father's appeal was dismissed, because he failed to file a notice of appeal as required by Ark. R. App. P. Civ. 3(b). Counsel's motion to be relieved was granted.

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Harris v. State, CACR06-812, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, April 4, 2007, Decided
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Overview: A trial court erred in revoking defendant's suspended sentences on the ground that he violated the terms and conditions of good conduct because a violation of good conduct was not alleged in the petition to revoke, nor was a requirement to conform to good conduct contained in the written terms and conditions of his suspended sentences.

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Johnson v. State, CACR 06-775, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, April 4, 2007, Decided
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Overview: Defendant's arrest was illegal because, although there was reasonable cause to believe that defendant committed the offense of owning an illegal drug paraphernalia business, that was a misdemeanor offense, for which a summons, and not an arrest warrant, should have issued under Ark. R. Crim. P. 7.1(b)(i).

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Lane v. Ark. Dep't of HHS, CA06-1434, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, April 4, 2007, Decided
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Overview: The mother's appeal of the order terminating her parental rights was wholly without merit. Counsel complied with the requirements for no-merit motions in termination cases, and was permitted to be relieved as counsel under Ark. Sup. Ct. & Ct. App. R. 4-3.

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