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   State Courts - Arkansas - April 30, 2003

  
Allen v. Allen, CA 02-591, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, April 30, 2003, Opinion Delivered
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Overview: Trial court did not err when it ordered incarcerated father to pay $ 25 per week in child support, while that exact issue was never determined in Arkansas, inter alia, administrative order provided income could be imputed to unemployed payor.

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Brown v. State, CA CR 02-846, COURT OF APPEALS OF ARKANSAS, April 30, 2003, Opinion Delivered
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Overview: Trial court was without authority when it added five-year suspended sentences to terms of imprisonment decided by jury in finding defendant guilty of, inter alia, manufacturing methamphetamine, even though additional sentence was suspended.

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Burkett v. Burkett, CA02-587, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, April 30, 2003, Decided
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Overview: Husband in divorce action did not bear burden of showing civil service retirement was exempt from equal division because it included military service occurring before the marriage. Failure to object waived objections to other portions of decree.

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Clark v. State, CACR02-975, COURT OF APPEALS OF ARKANSAS, April 30, 2003, Decided
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Overview: Where attorney failed to file a brief after being given an additional 30 days for filing, court of appeals found attorney in willful contempt for failure to file the brief, and contempt order was forwarded to the committee on professional conduct.

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Cole v. Cole, CA 02-232, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, April 30, 2003, Opinion Delivered
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Overview: In valuing and dividing the marital estate in a divorce, the trial court improperly valued husband's interest in a surgery center by basing it on his buy-sell agreement with another shareholder instead of determining the fair market value.

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Consumer Util. Rate Advocacy Div. of the AG Office v. Ark. PSC, CA03-222, COURT OF APPEALS OF ARKANSAS, April 30, 2003, Decided
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Dunn v. Univ. of Ark., CA02-1124, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, April 30, 2003, Decided
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Overview: Substantial evidence supported a workers' compensation decision denying benefits to an usher injured while returning to his car after a football game. Conclusion that the usher was not performing employment services was reasonable.

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Ehlebracht v. Dailey, CA02-827, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, April 30, 2003, Decided
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Overview: The trial court properly granted summary judgment in favor of the mayor where the taxpayer failed to bring up to the appellate court a complete record. Counsel for the taxpayer made no effort to correct the incomplete record.

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Folkes v. State, CACR02-47, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, April 30, 2003, Decided
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Overview: Appellate court reversed defendant's conviction of possession of drug paraphernalia with intent to manufacture methamphetamine due to insufficient evidence. Any links between defendant and the contraband were purely speculative.

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Fowler v. Springer, CA02-593, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, April 30, 2003, Decided
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Overview: Deposition of out-of state expert was properly excluded in medical injury case, where expert was not familiar with local standard of obstetrical care and his opinion that patient's hysterectomy was result of negligence was not supported by facts.

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