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   State Courts - Arkansas - April 28, 2004

  
Moffett v. State, CACR03-751, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, April 28, 2004, Opinion Delivered
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Overview: Defendant waived the right to rely on his initial directed-verdict motion when he took the stand and admitted to intentionally participating in the burglaries and thefts. This testimony was more than sufficient to corroborate accomplice testimony.

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Morris v. State, CA CR 03-729, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, April 28, 2004, Opinion Delivered
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Overview: Evidence was sufficient to convict wife of simultaneous possession, as firearm in dresser, where drugs were, was readily accessible for use. Defendants had no reasonable expectation of privacy in trash, as it was knowingly exposed to the public.

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Rickett v. O'Dell, CA 02-1357, COURT OF APPEALS OF ARKANSAS, DIVISIONS THREE AND FOUR, April 28, 2004, Opinion Delivered
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Overview: Neighbors' possession of the land, to which the landowners held the legal title, was permissive and amicable; their possession was not adverse, where evidence was consistent that no one claimed the land to the exclusion of all others.

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Rogers v. State, CACR 03-485, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, April 28, 2004, Opinion Delivered
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Overview: Because defendant's brief failed to abstract any of the testimony presented at the hearing, including the testimony concerning the accomplice's statement which he contended was unreliable, the court ordered rebriefing.

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Scott v. Scott, CA 03-692, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, April 28, 2004, Opinion Delivered
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Overview: On husband's appeal of divorce rulings, judgment was affirmed; husband's disability policy was marital property and the wife's interest in certain farmlands was not marital property.

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Stamps v. Wallis, CA03-811, COURT OF APPEALS OF ARKANSAS, April 28, 2004, Opinion Delivered
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Thrailkill v. State, CACR03-809, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, April 28, 2004, Opinion Delivered
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Overview: Witness, (a co-defendant) who exercised Fifth Amendment rights, was unavailable, as he refused to testify. Statement witness made when taking Fifth was against interest and admissible. Further, any error was harmless, due to overwhelming evidence.

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Wood v. Taylor, CA 03-1053, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, April 28, 2004, Opinion Delivered
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Overview: Because the jury specifically found that, as to each separate defendant, the injured person did not carry her burden of proving negligence and the jury found zero damages, the purported injured person's motion for a new trial was properly denied.

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