Arkansas, April, 2004, State Case law

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State Courts - Arkansas - April 7, 2004

Michael v. Keep & Teach, Inc., CA 03 00978,, COURT OF APPEALS OF ARKANSAS, April 7, 2004, Decided
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Moore v. State, CACR 03-589, COURT OF APPEALS OF ARKANSAS, April 7, 2004, Decided
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Overview: A search warrant affidavit for defendant's home was sufficiently particularized to avoid the risk that the police would search the wrong property, and a time reference at which criminal activity was observed was inferred from the affidavit.

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Page v. Anderson, CA 03-418, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, April 7, 2004, Decided
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Overview: In a dissolution of marriage case, a court properly awarded the interest in a condominium to the husband where it was acquired by his sole contribution, he did not use marital funds, and he did not take title until after the divorce was final.

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Russell v. State, CA CR 03-402, COURT OF APPEALS OF ARKANSAS, DIVISIONS TWO AND THREE, April 7, 2004, Decided
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Overview: The trial court properly denied defendant's motion to suppress where the evidence found was not due to an illegal search; the items seen by the officers were outside of the mobile home where an expectation of privacy was not considered reasonable.

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Sheppard v. Speir, CA 03-454, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, April 7, 2004, Opinion Delivered
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Overview: Court properly awarded custody of a child to a father where his paternity was established, he paid child support, he was a fit parent, the mother was unemployed, and she did not aid the facilitation of a relationship between the father and the child.

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Smith v. City of Fort Smith, CA03-592, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, April 7, 2004, Decided
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Overview: Where trial court found that a city could take property in eminent domain proceedings, it implicitly found that there was a public purpose, and owner's subjective belief that there was an ulterior motive on the part of city officials was immaterial.

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Smith v. State, CA CR 03-691, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, April 7, 2004, Opinion Delivered
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Overview: Defendant's failure to object to the erroneous jury instruction during the sentencing phase of his trial precluded consideration of the point on appeal. Trial court properly instructed the jury to disregard the prosecutor's improper comments.

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Smith v. State, CACR03-799, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, April 7, 2004, Decided
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Overview: A trial court erred in revoking defendant's probation, because the State failed to show the terms of defendant's probation; the State had the burden to prove, by a preponderance of the evidence, that defendant violated a condition of his probation.

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Trott v. Jones, CA 03-584, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, April 7, 2004, Opinion Delivered
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Overview: A trust was not established in the decedent's home or bank account since there was no transfer of title; thus the appellate court rejected the trustee's contention that the decedent's bare intent sufficed to create a trust for those properties.

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