Arkansas, May, 2007, State Case law

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State Courts - Arkansas - May 9, 2007

Latham v. Ark. HHS, CA06-969, COURT OF APPEALS OF ARKANSAS, DIVISIONS FOUR, ONE AND TWO, May 9, 2007, Decided
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Overview: The termination of a father's parental rights to his son was proper under Ark. Code Ann. ?? 9-27-341(b)(3)(vii)(a), (b)(3)(B)(ix)(3)(B)(i), and (b)(3)(A) because the father failed to prove that he was able to provide for one of his son's most basic needs, which was a stable home environment.

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Laxton v. State , CACR06-1228, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, May 9, 2007, Decided
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Overview: Where appellant did not complete drug court, he was required to serve a six-year sentence for forgery and a ten-year suspended sentence for theft. Under Ark. Code Ann. ? 5-4-404, he was entitled to 53 days credit for the time he spent in jail before he entered drug court. He was not entitled to credit for the time that his case was in drug court.

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McCarty v. Ark. Dep't of Health & Human Serv., CA06-1482, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, May 9, 2007, Decided
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Overview: Where the father kept items used to manufacture of methamphetamine in his home, was incarcerated, and failed to pay child support, the trial court found that his daughters' best interests were served by the termination of his parental rights under Ark. Code Ann. ? 9-27-341(b)(3)(A). Only one ground was necessary to support the termination order.

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McKinney v. State, CACR06-979, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, May 9, 2007, Decided
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Overview: Where defendant allowed his large pit bull to escape the yard and bite a victim, the evidence supported the conclusion that defendant committed third-degree battery by negligently causing the victim's physical injury with a deadly weapon, Ark. Code Ann. ? 5-13-203(a)(3). Based on the violation, his suspended sentences were properly revoked.

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Miller v. State, CACR06-888, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, May 9, 2007, Decided
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Overview: During defendant's trial for delivery of cocaine, defendant moved for a directed verdict at the close of the State's case; however, he failed to renew that motion until after the jury had been instructed. Defendant's challenge to the sufficiency of the evidence was not preserved for review under Ark. R. Crim. P. 33.1(c).

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Murie v. State, CACR 06-1008, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, May 9, 2007, Decided
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Overview: Because assessing the credibility of the witnesses was the trial court's job, there was substantial evidence to support a conviction for reckless burning under Ark. Code Ann. ? 5-38-302 in a case where defendant admitted to a witness that a companion had saved his life when a building fire, which was started for warmth, got out of control.

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Riddle v. Udouj, CA 06-865, COURT OF APPEALS OF ARKANSAS, DIVISIONS ONE AND TWO, May 9, 2007, Decided
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Overview: A breach of warranty case against the sellers of real property was barred by the five-year statute of limitations because the cause of action accrued at the time of the sale, but not at the time of a court order quieting title in a portion of the property to several neighbors. The breach and constructive eviction occurred on the date of the deed.

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Rogo v. Johnson, CA 06-1399, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, May 9, 2007, Decided
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Overview: An order of protection was properly entered against a former husband under the Arkansas Domestic Abuse Act of 1991, Ark. Code Ann. ?? 9-15-101 to 9-15-303, where the evidence showed that his former wife suffered facial injuries after a dispute that arose during a visitation exchange. Credibility issues were for the trial court to resolve.

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Royal Oaks Vista, L.L.C. v. Maddox, CA06-738, COURT OF APPEALS OF ARKANSAS, May 9, 2007, Decided
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Overview: The trial court properly held that a subdivision's replat and new bill of assurance were invalid where the developer took the risk of investing in infrastructure before filing its replat and obtaining the lot owners' consent and a temporary septic system across one lot violated the requirement that the lots be used only for residential purposes.

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Sharp v. Keeler, CA06-714, COURT OF APPEALS OF ARKANSAS, May 9, 2007, Decided
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Overview: A mother's continued alienation of a father from his son by interfering with the father's visitation and not keeping the father updated on their son's medical conditions constituted a material change of circumstances that warranted giving the father custody. Supervised supervision for the mother was improper when the mother did not neglect her son.

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