Arkansas, April, 2009, State Case law

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State Courts - Arkansas - April 29, 2009

B. M. S. v. State, No. CA08-1359, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, April 29, 2009, Opinion Delivered
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Overview: A juvenile's delinquency adjudication for rape of his sister, contrary to Ark. Code Ann. ? 5-14-103(a)(3)(A), was supported by evidence because when victim described juvenile's penis as his "private" and stated that it felt "hard" when it was in her mouth when they were playing "taste it" game, she showed her understanding of body part in question.

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Burton v. State, No. CACR08-1019, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, April 29, 2009, Opinion Delivered
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Carle v. State, No. CACR08-881, COURT OF APPEALS OF ARKANSAS, April 29, 2009, Opinion Delivered
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Overview: Defendant's conviction for theft of motor fuel, in violation of Ark. Code Ann. ? 5-36-120(a)(1), was supported by evidence because he testified that he refused to pay for additional fuel even though he had money; he left gas station knowing that he had not paid for additional fuel and that police would be called. He possessed the necessary intent.

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Carpenter v. Ark. Dep't of Human Servs., No. CA08-1450, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, April 29, 2009, Opinion Delivered
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Overview: Court properly terminated father's parental rights because his testimony that he did not sexually abuse his child was contradicted by other witnesses; child stated that he put his penis in her mouth. Sexual abuse was an aggravated circumstance that constituted grounds for termination under Ark. Code Ann. ? 9-27-341(b)(3)(B)(ix)(a)(3)(A) and (B)(i).

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Cleary v. Sledge Props., No. CA08-1213, COURT OF APPEALS OF ARKANSAS, April 29, 2009, Opinion Delivered
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Colebank v. Maxx, No. CA08-1428, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, April 29, 2009, Opinion Delivered
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Overview: A decision of the Arkansas Workers' Compensation Commission to deny benefits to an employee, who sought additional treatment after he was released to work with no restrictions, was affirmed because it was the province of the Commission to weigh the two opposing medical opinions, pursuant to Ark. Code Ann. ? 11-9-704(c)(1)(B).

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Eubanks v. Eubanks, No. CA07-1119, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, April 29, 2009, Opinion Delivered
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Overview: In making its decision to award an ex-wife lifetime alimony a circuit court properly considered the financial circumstances of both parties, the length of the marriage, the fact that the ex-wife stayed at home and raised the parties' children, and the fact that the ex-wife had been absent from the job market for nearly 20 years.

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Fortenberry v. Ark. Dep't of Human Servs., No. CA09-34, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, April 29, 2009, Opinion Delivered
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Overview: Order terminating a mother's parental rights in a daughter under Ark. Code Ann. ? 9-27-341 based on aggravated circumstances and unfitness of the mother was affirmed because evidence indicated that the mother either inflicted injuries upon or allow her husband to inflict injuries upon another child who died as a result of such injuries.

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Harrison v. Capps, No. CA08-1269, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, April 29, 2009, Opinion Delivered
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Overview: Appellants did not acquire the right to use a road over appellee's property by prescription because one appellant signed an agreement presented to him by appellee giving appellee permission to use the road but restricting the use to such appellant and whoever accompanied him.

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Jones v. Ark. HHS, No. CA08-1471, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, April 29, 2009, Opinion Delivered
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