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   State Courts - Arkansas - April 26, 2000

  
Marks v. State, No. CACR99-1253, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, April 26, 2000, Opinion Delivered
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Overview: Inconsistencies in prosecution witnesses' account of seizure of firearm and drugs did not mandate acquittal where substantial evidence supported verdict; resolution of credibility issues was for trier of fact.

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McCann v. State, No. CACR99-1344, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, April 26, 2000, Opinion Delivered
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Overview: Even where no drugs were found on defendant's person, circumstantial evidence of flight and proximity to contraband was sufficient to revoke suspended sentence.

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McGraw v. Arkansas Delivery Servs., Inc., No. CA99-909, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, April 26, 2000, Opinion Delivered
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Overview: Denial of workers' compensation benefits upheld; abstract did not mention res judicata or issue of procedural due process; thus the court did not know if issues were raised below, and there was no abstract relating to 1999 decision.

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Miner v. State, CA CR 99-1346, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, April 26, 2000, Opinion delivered
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Overview: Defendant failed to preserve her sufficiency-of-the-evidence argument for appellate review because she did not make a directed-verdict motion at revocation proceedings.

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Northwest Arkansas Area Agency on Aging v. Golmon, CA 99-1030, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, April 26, 2000, Opinion delivered
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Overview: State agency employer and its insurer brought timely motion to intervene in negligence action by deceased employee's estate against driver and his employer; trial court had not yet approved settlement or set court date.

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Robinson v. University of State for Med. Sciences, No. CA99-1064, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, April 26, 2000, Opinion Delivered
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Overview: The court held that ALJ and Workers' Compensation Commission properly denied employee workers' compensation benefits because she could not prove a causal connection between her pulmonary complaints and her job environment.

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Second Injury Fund v. Exxon Tiger Mart, CA 99-459, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, April 26, 2000, Opinion delivered
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Overview: Substantial evidence supported Arkansas Workers' Compensation Commission's findings that claimant experienced a 37 percent impairment to her wage-earning capacity attributable to a recent accident that aggravated a preexisting impairment.

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Tackett v. Merchant's Sec. Patrol, No. CA99-955, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, April 26, 2000, Opinion Delivered
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Overview: Plaintiff's appeal was dismissed for lack of a final order, where there was no order in transcript dismissing John Doe defendants from lawsuit and there was no trial court determination justifying an immediate appeal.

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Trout v. Meeks Lumber Co., No. CA 99-934, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, April 26, 2000, Opinion Delivered
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Overview: Only evidence suggesting that preexisting condition was worsened by compensable injury was that claimant was symptomatic only after work injury, however, assertions of pain could not be used in awarding benefits.

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Turner v. State, No. CACR 99-880, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, April 26, 2000, Opinion Delivered
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Overview: Murder conviction upheld as trial court's conclusion that there was probable cause to arrest was not against preponderance of evidence; second statement was not in any way related to a delay in first judicial appearance.

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