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   State Courts - Arkansas - April 4, 2007

  
Trelfa v. Simmons First Bank of Jonesboro, CA06-762, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, April 4, 2007, Decided
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Overview: In a case where relief was sought from a foreclosure proceeding based on defective service under Ark. R. Civ. P. 4, two debtors waived the issue since they recognized the action was in court and made an appearance at the foreclosure proceeding by agreeing to the entry of an order appointing a receiver.

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Vancleave v. Ark. HHS, CA 06-1059, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, April 4, 2007, Decided
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Overview: A listed person's name was not removed from the Arkansas Child Maltreatment Central Registry under Ark. Code Ann. § 12-12-505 after his acquittal on certain sexual abuse charges because double jeopardy did not apply to the civil proceedings, and the elements of claim preclusion and issue preclusion were not met.

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Woodard v. Hasley, CA06-703, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, April 4, 2007, Decided
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Overview: Trial court did not err in denying plaintiff prescriptive easement in road on defendant's property where defendant permitted use of road as friendly accommodation; the usage was limited and occasional; no maintenance was performed by other persons; and there was no overt indication that plaintiff or any other person was claiming right to the road.

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Wright v. State, CACR06-1106, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, April 4, 2007, Decided
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Overview: A sexual assault conviction under Ark. Code Ann. § 5-14-127(a)(3) (Supp. 2005) was affirmed where appellant's argument that he reasonably believed that the victim was older than 16 was an affirmative defense under Ark. Code Ann. § 5-14-102(d)(1) (Supp. 2005) and thus, he bore the burden of proof under Ark. Code Ann. § 5-1-111(d)(1) (Supp. 2005).

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