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   State Courts - Arkansas - June 6, 2002

  
Ark. Dep't of Human Servs. v. Cox, 01-1021, SUPREME COURT OF ARKANSAS, June 6, 2002, Opinion Delivered
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Overview: Where mother fled Florida as proceedings were started to terminate parental rights of her children, mother gave birth to infant in Arkansas, and probate court gave grandmother guardianship of infant, Florida court had no jurisdiction over infant.

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Brown v. State, 02-382, SUPREME COURT OF ARKANSAS, June 6, 2002, Decided
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Cole v. Laws, 01-1329, SUPREME COURT OF ARKANSAS, June 6, 2002, Opinion Delivered
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Overview: Where former client sued lawyer for negligence and breach of fiduciary duty over alleged mistaken terms in settlement agreement, partial summary judgment for lawyer on breach of fiduciary claim was proper where lawyer did not engage in self-dealing.

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Davie v. Office of Child Support Enforcement, 01-1250, SUPREME COURT OF ARKANSAS, June 6, 2002, Opinion Delivered
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Overview: The trial court could not order child-support payments from the father where the father's income from which the payments were to be made was based solely on SSI benefits. Disability was not an unreasonable cause for a reduction in earnings.

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Fairchild v. State, CR 01-856, SUPREME COURT OF ARKANSAS, June 6, 2002, Opinion Delivered
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Overview: In attack on officer, the vicious nature of the attack alone could allow the jury to infer that defendant acted with premeditation to support attempted capital murder charge, and defendant's custodial, but spontaneous statements, were admissible.

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Fields v. State, CR 01-127, SUPREME COURT OF ARKANSAS, June 6, 2002, Opinion Delivered
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Overview: Defendant's argument that the pretrial photo lineup should not have been admitted by the trial court was barred for review because defendant did not object to the in-court identifications. Evidence was sufficient to convict.

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Henderson v. State, CR 01-616, SUPREME COURT OF ARKANSAS, June 6, 2002, Decided
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Henderson v. State, CR 01-1299, SUPREME COURT OF ARKANSAS, June 6, 2002, Opinion Delivered
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Overview: Without defendant's motion and affidavits for new trial and designation of the record on appeal, supreme court could not undertake review of defendant's appeal, and returned the appeal for compliance with supreme court rules.

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Higgins v. Burnett, 01-801, SUPREME COURT OF ARKANSAS, June 6, 2002, Decided
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Overview: The trial court erred in granting defendants' motion to dismiss based on improper venue, where defendants failed to raise the defense of improper venue by motion or responsive pleading within 20 days after service of process.

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Holmes v. McClendon, 01-1303, SUPREME COURT OF ARKANSAS, June 6, 2002, Opinion Delivered
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Overview: Where husband was personal representative of his wife's and daughter's estates, and he hired attorney to represent himself and parents, the beneficiaries of wife's estate, attorney had no conflict of interest from simultaneous representation.

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