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| Austin v. State, CACR06-896,
COURT OF APPEALS OF ARKANSAS, DIVISION THREE, April 25, 2007, Decided
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Overview: Several convictions, including one for being a violent felon in possession of a firearm under Ark. Code Ann. § 5-73-103(c), were reversed because a trial court erred by refusing to accept defendant's stipulation to having a prior felony; it should not have informed the jury that the prior conviction was violent and allowed publication to the jury.
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| Beattie v. Ark. Dep't of Health & Human Servs., CA06-1349,
COURT OF APPEALS OF ARKANSAS, DIVISION TWO, April 25, 2007, Decided
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Overview: A father's parental rights were terminated under Ark. Code Ann. § 9-27-341(b)(3)(B) where the father had not provided support for the child while he was in jail for almost 15 months, he had no contact with the child, and he had only partially complied with his case plan by obtaining employment and housing.
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| Bob's Bail Bonds, Inc. v. State, CA 06-746,
COURT OF APPEALS OF ARKANSAS, DIVISION ONE, April 25, 2007, Decided
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Overview: Where a surety made an appearance at a show cause hearing regarding a bond forfeiture and failed to raise arguments relating to the lack of compliance with Ark. Code Ann. § 16-84-207(b)(2), it was later precluded from bringing them up in a motion for a new trial or on appeal.
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| Boyd v. Roberts, CA06-1050,
COURT OF APPEALS OF ARKANSAS, April 25, 2007, Decided
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Overview: In an adverse possession case, title was quieted in two neighbors where a survey showed that a degraded fence was not the property line; the neighbors had been grazing livestock, mowing, and changing the nature of the property. Moreover, the fence sufficiently enclosed the land, despite its condition.
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| Brown v. Winfield Cabinet Shop, CA 06-1024,
COURT OF APPEALS OF ARKANSAS, DIVISION ONE, April 25, 2007, Decided
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Overview: In a workers' compensation case, the Arkansas Workers' Compensation Commission did not abuse its discretion by allowing a former employer to withdraw a compensability stipulation because of its statutory duty under Ark. Code Ann. § 11-9-705(a)(1) to conduct the hearing in a manner that best ascertained the rights of the parties.
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| Caldwell v. State, CACR06-982,
COURT OF APPEALS OF ARKANSAS, DIVISION TWO, April 25, 2007, Decided
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Overview: In agreeing that there was no legal reason for not imposing sentence rather than asserting defendant's right to a restitution hearing, defendant's attorney expressly waived the opportunity to further contest the proof of what he owed in child support, including raising that issue on appeal.
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| Collins v. Ark. Dep't of Health & Human Servs., CA06-836,
COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, April 25, 2007, Decided
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Overview: A father's parental rights were terminated where he failed to comply with all provisions of his case plan, outside of the visitation provision; he did not attend counseling, participate in a home study, keep in contact with a state agency, or notify them of his change of address.
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| Dairy Farmers of Am., Inc. v. Coker, CA06-769,
COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, April 25, 2007, Decided
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Overview: Because a company subcontracted with an uninsured employer to perform all or part of its contractual obligations to milk producers, it was properly required to pay workers' compensation benefits to a claimant working for the employer, pursuant to Ark. Code Ann. § 11-9-402(a).
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| Davis v. England, CA06-1142,
COURT OF APPEALS OF ARKANSAS, DIVISION THREE, April 25, 2007, Decided
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Overview: Mother's appeal, which challenged denial of her motion to dismiss father's action brought pursuant to UCCJEA, Ark. Code Ann. § 9-19-201, was dismissed where it did not appear that father's petition for modification of custody and visitation rights had been resolved in trial court. No final order concluding custody matter was before appellate court.
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| Davis v. State, CACR06-934,
COURT OF APPEALS OF ARKANSAS, DIVISION THREE, April 25, 2007, Decided
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Overview: Where the evidence showed that defendant made a signal to an undercover officer, approached him, and engaged in a conversation regarding an act of oral sex, the evidence was sufficient to sustain a conviction for loitering under Ark. Code Ann. § 5-71-213.
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