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| Shaw v. State, CACR06-981,
COURT OF APPEALS OF ARKANSAS, DIVISION ONE, April 25, 2007, Decided
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Overview: Revocation of probation under Ark. Code Ann. § 5-4-309 was proper where defendant tested positive for marijuana because the positive drug screen was circumstantial evidence that he had been in possession of and used marijuana, which was a violation of the condition not to violate laws punishable by imprisonment.
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| Smith v. State, CACR06-1150,
COURT OF APPEALS OF ARKANSAS, DIVISION THREE, April 25, 2007, Decided
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Overview: In a capital murder case, a motion to transfer to juvenile court under Ark. Code Ann. § 9-27-318 was denied where defendant alone was responsible for planning and carrying out the crime during the test drive of a car. Moreover, he committed the murder of a car lot employee in front of two young children.
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| Staab v. Mainard, CA06-768,
COURT OF APPEALS OF ARKANSAS, DIVISION THREE, April 25, 2007, Decided
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Overview: A beneficiary was entitled to the mineral income from land during her life based on the clear expression of intent in a will, and cousins of a testator were only entitled to the mineral interest. However, since there was no disposition of the remainder interest, it passed to the beneficiary through a residuary clause.
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| Transplace Stuttgart, Inc. v. Carter, CA06-711,
COURT OF APPEALS OF ARKANSAS, DIVISION TWO, April 25, 2007, Decided
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Overview: Arkansas Workers' Compensation Commission erred in holding that employer, registered carrier, was transportation broker's uninsured subcontractor and that broker was injured employee's statutory employer under Ark. Code Ann. § 11-9-402(a) where broker was not obligated to transport loads for shipper; hence, it had no work to "farm out" to employer.
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| White v. Ark. HHS, CA06-967,
COURT OF APPEALS OF ARKANSAS, DIVISION ONE, April 25, 2007, Decided
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Overview: Court did not err in terminating parents' rights to their children pursuant to Ark. Code Ann. § 9-27-341(b)(3) where the record showed that children were abused and neglected, parents were offered meaningful assistance in attempt to effect reunification of family, and parents were defiant, hostile, and noncompliant for period in excess of one year.
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| White v. State, CACR06-779,
COURT OF APPEALS OF ARKANSAS, April 25, 2007, Decided
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Overview: Motion to dismiss was properly denied in a case involving possession with intent to use drug paraphernalia as a Class C felony because a crack pipe constituted paraphernalia under Ark. Code Ann. § 5-64-101(14)(C); moreover, the possession of such facilitated the possession of cocaine, and there was a sufficient nexus between the pipe and the drugs.
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| White v. State, CACR06-799,
COURT OF APPEALS OF ARKANSAS, DIVISION TWO, April 25, 2007, Decided
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Overview: Where drugs and a weapon were found within defendant's reach, he was the only person in a vehicle stopped for speeding, and he made incriminating statements, there was sufficient evidence to support convictions for the simultaneous possession of drugs and firearms, possession of a firearm by a felon, and possession of cocaine.
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