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   State Courts - Arkansas - April 26, 2000

  
Alumax, Second Injury Fund v. Goodson, No. CA 99-1185, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, April 26, 2000, Opinion Delivered
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Overview: Doctor's release of workers' compensation claimant to light duty and employer's discontinuation of light duty work opportunity during healing period was substantial evidence to support temporary and total disability finding.

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Brock v. State, CA CR 99-714, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, April 26, 2000, Opinion Delivered
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Overview: Statements were not hearsay because they were not submitted to prove the truth of the matter asserted; therefore, they did not violate appellant's Confrontation Clause rights.

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Daniels v. State, No. CACR99-654, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, April 26, 2000, Opinion Delivered
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Overview: Viewing evidence in light most favorable to State, there was sufficient evidence to sustain conviction for first-degree sexual abuse. No abuse of discretion to deny request for bill of particulars.

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Edwards v. State, CA CR 99-1229, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, April 26, 2000, Opinion Delivered
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Overview: Appellant's prior felony was properly used as a basis for his felon in possession of a firearm conviction, even though it was subject to expungement, because there was no evidence he had petitioned to have his record sealed.

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Embry v. State, CA CR 99-1011, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, April 26, 2000, Opinion delivered
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Overview: Motion to suppress was properly denied where party asserting Fourth Amendment right did not have standing to assert violation of reasonable expectation of privacy in employer's work shed.

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Inge v. Walker, CA 99-1128, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, April 26, 2000, Opinion Delivered
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Overview: Summary judgment overruled in personal injury case. Question of fact existed about affirmative defense of accord and satisfaction--about whether appellee's $ 200 payment was for damage to appellant's bumper or for all damages sustained.

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J.C. Hadley's Auto v. Townsend, No. CA 99-866, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, April 26, 2000, Opinion Delivered
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Overview: Trial court erred in denying auto dealer recovery for its expenses of repossession and resale and its fees assessed for late payments; failure to give notice of resale only precluded collection of a deficiency.

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Johns v. Conagra Frozen Foods, No. CA99-1268, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, April 26, 2000, Opinion Delivered
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Overview: Where appellant's abstract was flagrantly deficient on its face, the court was unable to make an informed decision on the issues raised by appellant and affirmed the workers' compensation commission decision without reaching the merits.

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Kopriva v. Burnett-Croom-Lincoln-Paden, CA 99-1207, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, April 26, 2000, Opinion Delivered
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Overview: Judgment notwithstanding jury's verdict for plaintiff was affirmed because evidence was insufficient that floor's slick and shiny condition caused fall and buffing weekly was exercise of ordinary care to maintain premises.

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Lamb v. State, No. CACR 99-1281, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, April 26, 2000, Opinion Delivered
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Overview: Change in appellant's voice, vulgar command to victim to get in his van, movement toward her, and evidence that he followed her to her house, provided sufficient proof of criminal attempt to commit kidnapping.

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