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| Shanks v. State, CACR04-728,
COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, April 27, 2005, Decided
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Overview: After the court denied his motion for a directed verdict, defendant presented the deposition testimony of two witnesses. He then closed case without renewing his motion for directed verdict; pursuant to Ark. R. Crim. P. 33.1, his failure to renew said motion waived the question of the sufficiency of the evidence and precluded review as to same.
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| Sisson v. Cousar, CA 04-814,
COURT OF APPEALS OF ARKANSAS, DIVISION TWO, April 27, 2005, Decided
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Overview: Appellate court affirmed trial court's order that held a husband in contempt as the husband violated the parties' divorce decree when he spent the night in the same house as his girlfriend with his children present. The trial court also had discretion to award attorney's fees and costs to the wife.
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| Slavin v. Plumbers & Steamfitters Local 29, CA 04-1057,
COURT OF APPEALS OF ARKANSAS, DIVISION TWO, April 27, 2005, Opinion delivered
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Overview: In a premises liability case filed by a union officer and his wife to recover for an injury the union officer suffered while renovating the union's building, the trial court properly granted summary judgment in favor of the union. The union officer was a licensee, and not an invitee under Arkansas law.
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| St. Edward Mercy Med. Ctr. v. Jarvis, CA04-1068,
COURT OF APPEALS OF ARKANSAS, DIVISION TWO, April 27, 2005, Decided
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Overview: As to an injured employee's right change of physician, majority of Ark. Code Ann. § 11-9-514(a)(3)(ii) (Repl. 2002) dealt with "how" the physician for change would be selected, not "if" physician would be selected. Arkansas Workers' Compensation Commission did not err in allowing employee to change physician after she moved to neighboring state.
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| Taylor v. B & B Disposal , CA 04-1002,
COURT OF APPEALS OF ARKANSAS, DIVISION TWO, April 27, 2005, Decided
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Overview: Where an employee had an on-the-job accident and was treated for injuries to his neck, back, and left knee as a result of the accident, the Arkansas Workers' Compensation Commission did not err in finding that he did not sustain a compensable right shoulder injury; the employee did not mention that injury until seven months after the accident.
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| Turner v. Ark. Dep't of Human Servs., CA04-782,
COURT OF APPEALS OF ARKANSAS, DIVISION ONE, April 27, 2005, Decided
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Overview: Appellate court affirmed the termination of the father's parental rights under Ark. Code Ann. § 9-27-341(b)(1)(A) (Supp. 2003) as the children had been in foster care for 12 of the last 15 months, and the father had abandoned the children for almost nine months and made no effort to contact or support them.
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| Walker v. State, CACR04-456,
COURT OF APPEALS OF ARKANSAS, DIVISION TWO, April 27, 2005, Decided
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Overview: A court rejected a defendant's claim that the trial court erred by admitting the controlled substance into evidence because the chain of custody was not sufficiently established; the defendant failed to preserve the argument by failing to object to the admission of the evidence at trial.
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| Whitfield v. State, CACR04-1074,
COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, April 27, 2005, Decided
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Overview: Defendant's conviction for possession of marijuana in violation of Ark. Code Ann. § 5-64-401 (Supp. 2003) was proper where the deputy's testimony was sufficient to allow a jury to conclude that defendant had exclusive access to the patrol car and that he placed the drugs under the seat.
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| Withers v. State, CA CR 03-1144,
COURT OF APPEALS OF ARKANSAS, DIVISION ONE, April 27, 2005, Decided
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Overview: On appeal of defendant's conviction for two counts of theft by receiving, counsel's Anders brief offered no explanation as to why the adverse ruling on defendant's motion for a directed verdict did not present an arguable issue for appeal. Counsel needed to rebrief the case to comply with Ark. Sup. Ct. & Ct. App. R. 4-3(j).
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