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   State Courts - Arkansas - April 22, 2009

  
Aegon Ins., USA v. Durham-Gilpatrick, No. CA08-1267, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, April 22, 2009, Opinion Delivered
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Overview: Order requiring insurers to pay an employee additional medical benefits in form of prescription medications was upheld because the employee's need for treatment sought was causally connected to her compensable injury as she was being prescribed the same medications as part of the treatment for her 1998 compensable injury prior to her 2006 accident.

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Bagley v. State, No. CACR08-905, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, April 22, 2009, Opinion Delivered
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Bruton v. Van Buren Pipe Corp., No. CA08-1377, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, April 22, 2009, Opinion Delivered
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Curran v. Ark. Dep't of Human Servs., No. CA08-1409, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, April 22, 2009, Opinion Delivered
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Overview: The court affirmed the termination of a mother's parental rights pursuant to Ark. Code Ann. ? 9-27-341(b), given that the mother was incarcerated and had no job or home at the time of release, she had made no progress, plus the child needed to know she had a permanent, stable, and safe home.

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D.S. v. State, No. CA 08-929, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, April 22, 2009, Opinion Delivered
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Overview: Upon defendant juvenile's suspension from school, three witness testified that he said to the vice principal, "I can't wait to see you on the street." Substantial evidence supported his delinquency adjudication on the charge of first-degree terroristic threatening, Ark. Code Ann. ? 5-13-301(a)(1)(B).

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Ellzey v. Brookhollow Assocs., L.P., No. CA08-1026, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, April 22, 2009, Opinion Delivered
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Overview: Finding that a Arkansas resident had sufficient minimum contacts with Kansas as required under Kan. Stat. Ann. ? 60-308(b) was affirmed because, as a member of a limited-liability company, he leased real property in Kansas and the company's action against the resident involved such lease.

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Erwin v. Riverside Furniture Corp., No. CA 08-1410, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, April 22, 2009, Opinion Delivered
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Overview: Substantial evidence supported a finding by a workers' compensation commission that an employee's work accident did not cause her sural neuropathy for purposes of Ark. Code Ann. ? 11-9-508(a); given her healing period under Ark. Code Ann. ? 11-9-102(12), she was not entitled to temporary total disability benefits.

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George v. State, No. CACR08-1118, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, April 22, 2009, Opinion Delivered
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Overview: Court could not reach merits of defendant's argument that trial court lacked jurisdiction to revoke probation based on argument that arrest warrant was unreasonably delayed and invalid under Ark. Code Ann. ? 5-1-109(f) (2006) because defendant did not present evidence or argument showing that there was unreasonable delay in serving warrant.

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Hale v. State, No. CACR08-1012, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, April 22, 2009, Opinion Delivered
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Overview: Defendant's conviction for theft of property, in violation of Ark. Code Ann. ? 5-36-103, was upheld because testimony of State's witnesses was sufficient to establish that he took a trailer from owners' property and, while that initial possession might have been permissive, it evolved into a theft of property when he failed to return it when asked.

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Hamilton v. State, No. CACR08-1040, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, April 22, 2009, Opinion Delivered
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