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   State Courts - Arkansas - April 14, 2004

  
Barnes v. Emerson Elec., CA 03-731, COURT OF APPEALS OF ARKANSAS, April 14, 2004, Decided
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Overview: Arkansas Workers' Compensation Commission's decision denying claimant's request for permanent-partial benefits of seven percent to body as a whole was upheld, as there was no evidence that her compensable injury was the major cause of her impairment.

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Cagle v. Merkey, CA03-721, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, April 14, 2004, Decided
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Overview: An order permanently enjoining a landowner from preventing full, open, and unfettered access of existing roadway easement lying south of neighbors' property was not clearly erroneous; easements describing lands made servient to easement were valid.

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Cooper v. State, CACR03-542, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, April 14, 2004, Decided
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Overview: A trial court erred in playing an entire taped statement of a witness for the jury because certain statements were prejudicial and not outweighed by any probative value, and the witness was not confronted concerning the statements.

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Cranfill v. Union Planters Bank, N.A., CA 03-1064, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, April 14, 2004, Opinion Delivered
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Overview: A physician who signed a "limited commercial guaranty" to a promissory note was not an accommodation party, but instead, was primarily liable on the debt, as he received a direct and substantial benefit therefrom.

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Davidson v. State, CACR03-1032, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, April 14, 2004, Decided
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Overview: A trial court did not abuse its discretion in admitting an officer's testimony regarding a witness's statement identifying defendant as the shooter; statement was made while the witness remained under the stress of the shooting.

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Evans v. State, CACR03-944, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, April 14, 2004, Decided
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Overview: Where a victim testified that defendant entered the victim's truck, forced defendant to drive at gunpoint, threatened to kill the victim, and took the truck, such was sufficient to support convictions for aggravated robbery and theft of property.

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Fredrickson v. State, CACR03-694, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, April 14, 2004, Decided
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Overview: Where defendant's prior probation was revoked upon incurring new convictions, there was no law preventing the State from using an offense to enhance a sentence and from then later seeking to revoke a probated sentence based upon that same offense.

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Harris v. City of Fort Smith, CA 03-951, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, April 14, 2004, Opinion Delivered
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Overview: Serial conversations between a city administrator and individual directors about a matter that involved a recommendation that the city submit a bid on land constituted a meeting within FOIA, for which the public was entitled to prior notice.

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Hiett v. Hiett, CA 03-812, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, April 14, 2004, Opinion Delivered
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Overview: Trial court did not err in awarding ex-wife alimony because she had not worked for the past 20 years, ever since parties' child was born; she had little employment experience and no college degree; and ex-husband had the ability to pay alimony award.

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Jackson v. State, CA CR 03-730, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, April 14, 2004, Decided
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Overview: Defendant's initial detention was illegal and the trial court erred in denying his motion to suppress. The evidence that was obtained as a result of defendant's illegal stop had to be suppressed as fruit of the poisonous tree.

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