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| Adams v. State, CA CR 05-1186,
COURT OF APPEALS OF ARKANSAS, April 19, 2006, Decided
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Overview: In trial for first-degree battery, substantial evidence existed to sustain defendant's conviction because it was shown that victim suffered serious physical injury, as defined by Ark. Code Ann. § 5-1-102(21). Victim had been stabbed twice, and surgeon testified that victim was in danger of cardio-respiratory collapse, which could have caused death.
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| Blair v. Blair, CA05-1191,
COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, April 19, 2006, Decided
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Overview: Order awarding permanent custody of parties' child to husband in a divorce proceeding was upheld where court did not err in considering evidence that wife had been arrested; because wife had been placed on probation for three years beginning in 2005, she had not completed her probation and was ineligible for relief under Ark. Code Ann. § 16-93-303.
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| Clairday v. The Lilly Co., CA05-696,
COURT OF APPEALS OF ARKANSAS, DIVISIONS FOUR, ONE AND TWO, April 19, 2006, Decided
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Overview: Arkansas Workers' Compensation Commission's decision that an employee was not entitled to temporary-total-disability compensation under Ark. Code Ann. § 11-9-102(12) was reversed because none of the doctors on whom the Commission relied testified that the employee had reached the end of his healing period.
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| Finney v. News-Times Publ. Co., CA 05-1215,
COURT OF APPEALS OF ARKANSAS, April 19, 2006, Decided
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Overview: Employee was properly denied workers' compensation benefits where he failed to prove by a preponderance of evidence that he sustained injury arising out of and in course of his employment. While he denied complaining of back pain to his doctors in days and months before his injury, such testimony was in direct contradiction to the medical evidence.
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| Gartman v. State, CACR05-1041,
COURT OF APPEALS OF ARKANSAS, DIVISION ONE, April 19, 2006, Decided
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Overview: Where defendant did not challenge the trial court's finding that she failed to report to her probation officer, the appellate court was permitted to affirm the decision revoking her probation and sentencing her to thirty-six months' imprisonment for possession of methamphetamine.
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| Henley v. State, CACR05-1152,
COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, April 19, 2006, Decided
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Overview: Court erred in denying defendant's motion to suppress evidence where search of his home after officers smelled chemical odor did not fall within a "probation exception" to warrant requirement; his probation agreement outlining his consent to visit and be visited by his "supervising officer" did not amount to a consent-in-advance to search his home.
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| Hobbs v. State, CACR05-226,
COURT OF APPEALS OF ARKANSAS, DIVISION ONE, April 19, 2006, Decided
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Overview: Appellate court reversed defendant's conviction and remanded for a new trial because the trial court did not comply with Ark. R. Crim. P. 31.2 when accepting a waiver by defendant's counsel of defendant's right to a jury trial.
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| Kuettle v. IC Corp., CA05-1206,
COURT OF APPEALS OF ARKANSAS, April 19, 2006, Decided
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Overview: Substantial evidence supported decision of Arkansas Workers' Compensation Commission, denying employee benefits for injuries to her neck, mid-back, and lower back, as employee acknowledged prior neck problems and sprain or pull in low-back during previous employment, and she confirmed that she sought treatment for mid- and low-back injuries.
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| Lobbs v. State, CACR05-1262,
COURT OF APPEALS OF ARKANSAS, April 19, 2006, Decided
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Overview: As a motion to dismiss under Ark. R. Crim. P. 33.1 at the close of the State's evidence and again at the close of all the evidence was mandatory to preserve a challenge to the sufficiency of the evidence, defendant's argument during his closing argument that the evidence was insufficient was not preserved for the appellate court's review.
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| Medicalodges, Inc. v. Herron, CA05-1148,
COURT OF APPEALS OF ARKANSAS, DIVISION ONE, April 19, 2006, Decided
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Overview: Where the employee sustained a compensable lower-back injury and was diagnosed with a lumbar strain, the medical evidence supported the finding that she sustained a wage loss of fifty percent over and above her twenty percent permanent-anatomical-impairment to the body as a whole under Ark. Code Ann. § 11-9-102(4)(F)(ii)(a).
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