Arkansas, April, 2003, State Case law

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State Courts - Arkansas - April 9, 2003

Johnson v. Cotton, CA 02-941, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, April 9, 2003, Decided
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Overview: The trial court properly ordered specific performance by the lessor, where the evidence showed that the lessee substantially performed. The granting of a credit to the lessee was not clearly erroneous in an effort do equity.

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Lewis v. State, CACR02-1015, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, April 9, 2003, Decided
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Overview: The trial court did not err in denying defendant's motion to dismiss on speedy-trial grounds where defendant did not argue that he was in fact denied a speedy trial and defendant was afforded the opportunity to argue his motion.

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Moore v. State, CACR 02-724, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, April 9, 2003, Decided
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Overview: The State did not fail to validate the statements contained in the affidavit that were made to establish the reliability of the informant. Photographs of the evidence were taken and made available to defendants at least four months before trial.

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Mullen v. Nettleton Pub. Schs. Risk Mgmt. Res., CA02-309, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, April 9, 2003, Decided
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Overview: Substantial evidence supported denial of claim for permanent partial loss of wage earning ability beyond 11 percent total disability due to shoulder injury, where worker turned down offers of work as a school bus driver that worker could perform.

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Nicholson v. Bowers, CA02-566, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, April 9, 2003, Decided
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Overview: Although the testimony was conflicting, the trial court did not err in finding that the acts of deprivation to the property against the buyer occurred after a certain date. The trial court used the correct measure of damages.

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Quinn v. Ark. Contrs. Licensing Bd., CA02-733, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, April 9, 2003, Decided
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Overview: Contractor waived claim of denial of due process in the assessment of civil penalties for acting as a contractor without posting a bond by not raising the issue below. Contractor's admissions supported agency's findings.

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Ratliff v. Ratliff, CA02-844, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, April 9, 2003, Decided
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Overview: In divorce action, trial court erred by finding husband in contempt for lying about his income and ordering husband to perform 50 hours of community service because trial court imposed order after trial without giving husband opportunity to respond.

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Ross v. Ark. Dep't of Human Servs., CA02-694, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, April 9, 2003, Decided
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Overview: Order terminating a mother's parental rights was upheld, where after four years of receiving services, the mother was unfit to care for herself, yet alone her children, and her continued custody was contrary to their health, safety, or welfare.

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Shaban v. State, CACR 02-777, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, April 9, 2003, Decided
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Overview: Evidence supported defendant's convictions for possession of methamphetamine, possession of drug paraphernalia, and possession of marijuana based on constructive possession. Finding that defendant consented to search was not clearly erroneous.

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Shropshire v. State, CACR 02-522, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, April 9, 2003, Decided
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Overview: Defendant did not prove that restaurant manager was accomplice whose testimony required corroboration; manager's testimony and other evidence supported robbery conviction. Suppression motion was properly denied, as police had consent to search home.

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