Arkansas, April, 2005, State Case law

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State Courts - Arkansas - April 21, 2005

Brewer v. Poole, 04-671, SUPREME COURT OF ARKANSAS, April 21, 2005, Opinion Delivered
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Overview: Term "heirs at law" as used in Ark. Code Ann. ? 16-62-102(b) meant "beneficiaries" as used in ? 16-62-102(d); therefore, a motion to dismiss a wrongful death action was properly granted because two sisters were not named as parties. The doctrine of relation back under Ark. R. Civ. P. 15 did not help because the original complaint was a nullity.

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Camp v. State, CR 04-1368, SUPREME COURT OF ARKANSAS, April 21, 2005, Opinion Delivered
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Overview: Where an inmate brought a petition for rehearing after the Supreme Court of Arkansas denied his petition to complete the record, the case was remanded for the circuit court to make additional findings to show whether petitioner met the requirements of Ark. R. App. P. - Civ. 5(b) for obtaining an extension of time to file the record.

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Davis v. State, CR 04-596, SUPREME COURT OF ARKANSAS, April 21, 2005, Opinion delivered
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Overview: Where a victim testified that defendant stopped her as she was leaving church, persuaded her to return to the church to retrieve an item, and tried to rape her, there was sufficient evidence to support a conviction under Ark. Code Ann. ? 5-14-125 (Supp. 2001). The victim's statement to another was an excited utterance under Ark. R. Evid. 803(2).

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Fells v. State, CR 04-1237, SUPREME COURT OF ARKANSAS, April 21, 2005, Opinion delivered
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Overview: It was not error to refuse to allow defendant to present evidence that rape victim tested positive for HIV because defendant failed to comply with the rape-shield statute, Ark. Code Ann. ? 16-42-101 (1999); defendant never gave court opportunity to hold a hearing and determine if probative value of evidence was outweighed by its prejudicial effect.

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Larry v. Grady Sch. Dist., 04-762, SUPREME COURT OF ARKANSAS, April 21, 2005, Opinion Delivered
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Overview: The court dismissed an individual's appeal as untimely because the record was not filed within 90 days from the filing of the first notice of appeal pursuant to Ark. R. App. P. Civ. 5.

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Moore v. State, CR 04-927, SUPREME COURT OF ARKANSAS, April 21, 2005, Opinion Delivered
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Overview: The State was properly allowed to reexamine a witness, pursuant to Ark. Code Ann. ? 16-43-703 (1999) and Ark. R. Evid. 611(a) (2004), on an issue that was relevant to the State's case; other testimony was not hearsay under Ark. R. Evid. 801(c).

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Primerica Life Ins. Co. v. Watson, 04-1260, SUPREME COURT OF ARKANSAS, April 21, 2005, Opinion Delivered
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Overview: Trial court erred in assessing penalty and attorney's fees against interpleader insurance company pursuant to Ark. Code Ann. ? 23-79-208 (2004) as it had not engaged in unwarranted delaying tactics; it had stood ready to pay claim but was faced with legitimate claims from both widow and former wife, and it was for court to decide the beneficiary.

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S. Farm Bureau Cas. Ins. Co. v. Tallant, 04-1080, SUPREME COURT OF ARKANSAS, April 21, 2005, Opinion Delivered
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Overview: Appellate court affirmed the dismissal of an insurer's subrogation claim as the insurer did not have the right to have a jury trial to determine if the insured had been made whole by his settlement with the driver, and when the insured's claim against the driver was extinguished, so was any right the insurer had under subrogation.

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State v. Boyette, CR04-868, SUPREME COURT OF ARKANSAS, April 21, 2005, Opinion Delivered
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Overview: Where State claimed trial court lacked jurisdiction to grant defendant's post trial motion to correct court costs, Supreme Court of Arkansas treated appeal as petition for writ of certiorari under Ark. R. App. P. Crim. 3 and found under Ark. R. Crim. P. 33.3(b) defendant's motion was filed six days after 30-day deadline and untimely.

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Staton v. Am. Mfrs. Mut. Ins. Co., 04-56, SUPREME COURT OF ARKANSAS, April 21, 2005, Opinion Delivered
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Overview: The trial court lacked jurisdiction over a suit filed by a borrower seeking the release of surety bonds that had been issued for a payday lender. The borrower failed to exhaust her administrative remedies before the State Board of Collection Agencies (Arkansas).

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