Arkansas, April, 2003, State Case law

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State Courts - Arkansas - April 16, 2003

Hendricks v. Read, CA02-273, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, April 16, 2003, Decided
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Overview: Where the buyers and the company based their inconsistent interrogatory answers argument on information not in the record, the appellate court refused to consider the arguments, as they were based on matters not contained in the record.

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Herzberg v. Pine Bluff Nat'l Bank, CA02-701, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, April 16, 2003, Decided
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Overview: Trial court did not err in awarding attorney fees to bank that interpleaded certificates of deposit. Statutes allowing bank to avoid liability by paying certificates to any named payee did not preclude interpleading by the bank.

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Hicks v. State, CACR02-881, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, April 16, 2003, Decided
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Overview: Where defendant admitted to committing offenses that were punishable by imprisonment, the evidence of those crimes was sufficient to show that defendant inexcusably failed to comply with the conditions of his probation.

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Hill v. State, CACR02-1077, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, April 16, 2003, Decided
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Overview: Testimony of pharmacist and officer and defendant's actions showed he had mental state to support conviction for criminal attempt to obtain drugs by fraud, and defendant was not entitled to continuance, where he made no request until day of trial.

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Huitt v. Ark. Dep't of Human Servs., CA 02-962, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, April 16, 2003, Decided
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Overview: Daughter's testimony that her father sexually abused her over a two-year period was not so inconsistent or contradictory to other evidence as to render a trial court's dependency and neglect finding clearly erroneous.

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Jackson v. State, CACR02-383, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, April 16, 2003, Decided
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Overview: The trial court properly excluded proffered mitigating testimony from the jury where it was not relevant to sentencing and correctly prohibited the jury from seeing the sentencing guidelines as well as the departure report.

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Lawrence v. State, CA CR 02-397, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, April 16, 2003, Opinion Delivered
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Overview: Recorded recollection of witness stating defendant admitted committing robbery was properly admitted, but court erred in admitting portion of statement where co-conspirator implicated defendant. Error was not harmless and new trial was ordered.

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Miller v. State, CA CR 02-698, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, April 16, 2003, Opinion Delivered
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Overview: After defendants' traffic stop for following too closely, even in absence of reasonable suspicion, and without violating Fourth Amendment, trooper, with his police dog at his immediate disposal, properly performed permissible canine sniff.

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Radford v. State, CACR 02-770, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, April 16, 2003, Decided
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Overview: There was no substantial evidence to support defendant's conviction for third-degree domestic battery where the evidence was equally as plausible that the victim accidentally stabbed herself as it was that defendant was the aggressor.

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Riverdale Dev. Co. v. Ruffin Bldg. Sys., CA03-244, COURT OF APPEALS OF ARKANSAS, April 16, 2003, Decided
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