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| Hawkins v. State, CA CR 02-169,
COURT OF APPEALS OF ARKANSAS, DIVISIONS ONE, TWO AND FOUR, April 23, 2003, Opinion Delivered
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Overview: Where officer described the cocaine as "two rocks," and chemist described it as "one white-off-white, rock," any difference in the descriptions was to be properly weighed by the finder of fact, as there was no obvious break in the chain of custody.
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| Lampkin v. State, CA CR 02-940,
COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, April 23, 2003, Opinion Delivered
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Overview: Police did all that was reasonably necessary to comply with statutory requirement to assist DWI suspect in getting independent BAC test by directing uncooperative defendant to local hospital upon release from jail. Test results were admissible.
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| Lancaster v. State, CA CR 02-849,
COURT OF APPEALS OF ARKANSAS, DIVISION THREE, April 23, 2003, Opinion Delivered
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Overview: There was no violation of defendants' Fourth Amendment rights, where officers drove up the driveway to their house, looking for a probationer in the area, discovered marijuana growing in plain view, and then obtained a search warrant as a result.
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| Lyons v. C. Bean Transp., Inc., CA02-1045,
COURT OF APPEALS OF ARKANSAS, DIVISION THREE, April 23, 2003, Decided
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Overview: Employee was performing only routine job duties, and medical testimony established heart attack was caused by poor control of diabetes, rather than by lack of air-conditioning in his long-haul truck. Thus, heart attack was not a compensable injury.
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| McCarley v. Smith, CA 02-537,
COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, April 23, 2003, Opinion Delivered
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Overview: The trial court erred by imposing a constructive trust and granting the mother a life estate in land transferred to her son, where it was not deeded to him with the intention of creating a life estate, but was done briefly for financial purposes.
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| Porter v. State, CA02-1052,
COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, April 23, 2003, Decided
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Overview: Handgun was in plain view lying on defendant's foot, it was on the same side of the vehicle as defendant, and defendant acted suspiciously by reaching to the floor. The latter factors were sufficient to establish possession by defendant passenger.
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| Preston v. State, CACR02-882,
COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, April 23, 2003, Decided
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Overview: Defendant contended the court erred in denying his motions for replacement of trial counsel. However, the facts surrounding each allegation of ineffectiveness were not fully developed in the trial court and could not be considered on direct appeal.
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| Thompson v. State, CACR02-561,
COURT OF APPEALS OF ARKANSAS, DIVISION TWO, April 23, 2003, Decided
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Overview: Testimony about victim's condition, coupled with opinions of two doctors that pulmonary failure resulting from those conditions caused his death, constituted sufficient evidence that victim's death would not have occurred but for defendant's conduct.
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| Walters v. Ark. Dep't of Human Servs., CA 02-1227,
COURT OF APPEALS OF ARKANSAS, DIVISION THREE, April 23, 2003, Decided
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Overview: At no time did mother assert any bias on part of judge or move for judge's recusal, and issue of prior termination of parental rights was not preserved. Record of mother's substance abuse and mental problems supported termination.
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