Arkansas, May, 2005, State Case law

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State Courts - Arkansas - May 4, 2005

Baker v. State, CACR04-896, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, May 4, 2005, Decided
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Overview: In appeal from conviction for aggravated robbery, pursuant to Ark. Code Ann. ? 5-12-103(a)(1) (1997), defendant attempted to argue that evidence was insufficient; however, evidence was sufficient because, even though defendant said she did not have gun, she said men were outside with guns; jury was not required to credit testimony about coercion.

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Baney v. Mid-South Mfg., CA04-1165, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, May 4, 2005, Decided
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Overview: Appellate court affirmed the decision of the workers' compensation commission that the employee was not permanently and totally disabled as the commission's findings that the employee could find suitable work, but lacked the motivation to do so, was credible based on the employer's expert's opinion.

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Bell v. State, CACR04-1154, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, May 4, 2005, Decided
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Overview: Defendant was convicted of drug offenses. Photograph of crime scene (defendant's residence), showed firearm in background. Investigator's testimony unequivocally established firearm did not belong to defendant and investigator testified that no firearms were recovered from residence. Photograph was not overly prejudical under Ark. R. Evid. 403.

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Clark v. State, CACR02-975, COURT OF APPEALS OF ARKANSAS, May 4, 2005, Decided
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Overview: Due to defendant's appellate counsel's failure to properly perform the professional duties required of him in the representation of defendant on appeal, the appellate court removed him as attorney of record, appointed substitute counsel to represent defendant, and established a new briefing schedule.

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Davis v. State, CACR04-1054, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, May 4, 2005, Decided
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Overview: Excluding accomplice's testimony, evidence still showed accomplice robbed store then got away in car driven by defendant at a high rate of speed. Including defendant's admission to having been in said store on date of crime and to owning said car, evidence sufficed to corroborate accomplice's testimony under Ark. Code Ann. ? 16-89-111 (Supp. 2003).

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Eubanks v. JAG Consulting, CA04-910, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, May 4, 2005, Decided
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Overview: Trial court abused its discretion in granting company's motion in limine to preclude an individual from presenting evidence on the conversion of his equipment; as prior appeal ordered a new trial based on errors in the first trial, there was no final judgment and res judicata, collateral estoppel, the law of the case doctrine did not apply.

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Helms v. State, CACR04-1035, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, May 4, 2005, Decided
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Overview: Defendant's nine-year sentence for being a felon in possession of a firearm was not the result of improper stacking of a habitual-offender-sentence enhancement. He had two prior nonviolent felonies. Thus, he was subject to a six year sentence under Ark. Code Ann. ? 5-4-401, and up to 12 years under Ark. Code Ann. ? 5-4-501(a)(2)(E) (Supp. 2003).

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Lewis v. State, CACR04-849, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, May 4, 2005, Decided
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McDaniel v. State, CA CR 04-1219, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, May 4, 2005, Decided
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Overview: There was sufficient evidence to sustain drug and weapons convictions based on constructive possession in a case where those items were found in an apartment because defendant admitted to owning the drugs, and evidence found in defendant's bedroom linked him to the gun.

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Phiathep v. State, CACR04-1273, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, May 4, 2005, Decided
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Overview: Despite the fact that officers did not see an informant receive drugs from defendant, there was sufficient evidence to sustain a conviction for delivery of methamphetamine under Ark. Code Ann. ? 5-64-401(a) (Supp. 2003) where defendant spoke to the informant, the informant had drugs after the conversation, and she did not have any marked money.

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