Arkansas, April, 2005, State Case law

Access State and Federal Case Law, plus U.S. Supreme Court cases — for free!

Click on any of the case links below to view the full text of that case — for free — through lexisONE®, a legal research and news service from LexisNexis®. Login is required — registration is free!

State Courts - Arkansas - April 27, 2005

Ark. Dep't of Human Servs. v. McManus, CA 04-1172, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, April 27, 2005, Opinion delivered
View this case - free

Overview: Department of human services appeal from the trial court's ex parte order granting temporary custody of the deceased father's and the mother's minor children to the grandmother was dismissed as the ex parte order, as it was entered in the original divorce action, was not a final appealable order.

Search Cases for Free

Bd. of Trs. of the Univ. of Ark. v. Williams, E04-216, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, April 27, 2005, Opinion Delivered
View this case - free

Overview: Where an employee of a state university was notified that her position would be terminated due to her low enrollment numbers, she could not be denied unemployment benefits on the basis of misconduct under Ark. Code Ann. ? 11-10-514(a)(1) (Repl. 2002) for falsifying records after receiving the notice. The misconduct was not the basis for discharge.

Search Cases for Free

Buchanan v. Dir. of Ark. Empl. Sec. Dep't, E 04-389, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, April 27, 2005, Decided
View this case - free

Overview: Arkansas Board of Review erred by determining that appellant was not eligible for unemployment benefits, because he did not have transportation or a driver's license. As long as there existed employment that did not require appellant to have a driver's license, he was available to work under Ark. Code Ann. ? 11-10-507(3)(A) (Repl. 2002).

Search Cases for Free

Cloverleaf Express v. Fouts, CA 04-921, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, April 27, 2005, Opinion delivered
View this case - free

Overview: Decision by Workers' Compensation Commission that driver was an employee and that his cardiac episode was work-related was affirmed because the company exercised control over the driver by providing and maintaining the truck and giving the driver pick up orders. Treating cardiologist's testimony supported a finding that the injury was work-related.

Search Cases for Free

Cummings v. Shults, CA 04-498, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, April 27, 2005, Opinion Delivered
View this case - free

Overview: Evidence was undisputed that defendant used the land up to the ditch without objection from 1988 until early 2001. However, the trial court properly refused to find a boundary by acquiescence because defendant was attempting to claim a boundary different from that in his conveyance to plaintiff (adjacent property owner). Estoppel by deed applied.

Search Cases for Free

Easter v. State, CACR 04-793, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, April 27, 2005, Decided
View this case - free

Overview: Where defendant sent a police investigator a letter falsely claiming that he had been assaulted by fellow inmates, defendant was properly convicted of filing a false report with a law enforcement agency. The letter was a "report" within the meaning of Ark. Code Ann. ? 5-54-122(a) (Repl. 1997).

Search Cases for Free

Gore v. State, CACR04-794, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, April 27, 2005, Decided
View this case - free

Overview: After defendant gave notice of his intent to raise the defense of mental disease, the trial court ordered a mental examination pursuant to Ark. Code Ann. ? 5-2-305(b)(1) (Supp. 2003). The testimony of a forensic psychiatrist that defendant had no mental disease or defect supported a finding of competency; additional testing was not required.

Search Cases for Free

Grocery Supply Co. v. Ark. Tobacco Control Bd., No. CA04-954, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, April 27, 2005, Opinion Delivered
View this case - free

Overview: As to a cigarette wholesaler, evidence established a positive correlation between cigarette sales and amount of rebate. Rebates that were given to customers were sufficiently tied to cigarette sales so as to make them unlawful under Arkansas Unfair Cigarette Sales Act, Ark. Code Ann. ? 4-75-701 et seq., specifically Ark. Code Ann. ? 4-75-708.

Search Cases for Free

Harvey v. State, CACR04-739, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, April 27, 2005, Decided
View this case - free

Overview: Evidence was sufficient to convict defendant of rape under Ark. Code Ann. ? 5-14-103 where victim testified that she did not want to have sexual intercourse with defendant, but did because she had been beaten and threatened. She also stated that defendant told her that if she did not cooperate she would not make it home.

Search Cases for Free

Hinton v. State, CACR04-856, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, April 27, 2005, Decided
View this case - free

Overview: Record did not contain list of defendant's conditions of probation, and same was requirement for revocation of probation under Ark. Code Ann. ? 5-4-303(g). Defendant did not raise that issue at the first available opportunity at the original trial but, rather, waited until the parties reconvened for sentencing. Thus, issue was waived on appeal.

Search Cases for Free

Communities Portal