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   State Courts - Arkansas - May 8, 2002

  
Baker v. Stringer, CA 01-937, COURT OF APPEALS OF ARKANSAS, DIVISIONS TWO AND THREE, May 8, 2002, Decided
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Overview: Trial court's finding that father did not show material change in circumstances requiring change in custody was not clearly erroneous and award of attorney's fees in favor of mother was not an abuse of discretion.

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Carver v. Allstate Ins. Co., CA 01-1319, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, May 8, 2002, Decided
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Overview: Trial court did not err in granting summary judgment to insurer, where unambiguous language of homeowners' policy excluded coverage for loss to property caused by water on or below ground surface, regardless of its source.

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Collins v. Lennox Indus., CA 01-1109, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, May 8, 2002, Decided
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Overview: Employee had an absolute, statutory right to one-time change of physician under Arkansas Workers' Compensation Act, where employer contracted with managed care organization and exercised the right to select initial primary-care physician.

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Con Agra Frozen Foods v. Schiavo, CA01-1129, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, May 8, 2002, Decided
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Overview: Medical evidence demonstrated that employee's injuries were work-related, as tests indicated injuries, and evidence also showed that employee did not suffer medical conditions at time of pre-employment physical examination.

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Conn v. Ark. Dep't of Human Servs., CA 01-536, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, May 8, 2002, Decided
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Overview: Termination of parents' parental rights to son was not in error as the child had been out of the parents' home fore more than a year, and the parents had not remedied the conditions which caused removal, despite being offered services.

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Davidson v. State, CACR 01-779, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, May 8, 2002, Decided
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Overview: Defendant understood and decided to waive his Miranda rights. Defendant did not demonstrate that State's proffered explanation for striking potential juror was pretextual. Defendant received admonishment to prosecutor's comments.

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Davis v. State, CA CR 01-503, COURT OF APPEALS OF ARKANSAS, DIVISIONS THREE AND FOUR, May 8, 2002, Decided
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Overview: Officers lacked reasonable suspicion to stop and detain defendant where only factors tending to lead to reasonable suspicion for investigatory stop were time of day and incidence of crime in neighborhood.

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Housley v. State, CACR 01-542, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, May 8, 2002, Decided
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Overview: Evidence obtained pursuant to search warrant was not suppressed as affidavit for search warrant properly showed probable cause to believe that drugs were on premises. Affidavit was sufficient to establish informant's veracity.

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Lee v. State, CACR 01-1291, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, May 8, 2002, Decided
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Overview: Trial court's finding that defendant's failure to pay restitution was inexcusable and its order revoking his suspended sentence were not clearly against the preponderance of the evidence.

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Nuvell Fin. Servs. Co. v. Dir., Employment Sec. Dep't, E 01-228, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, May 8, 2002, Decided
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Overview: Where board of appeals considered employee's evidence presented for the first time on appeal to the board, directly contrary to the board's prior stated rejection of the additional evidence, decision awarding unemployment benefits was reversed.

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