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   State Courts - Arkansas - May 7, 2003

  
Bryant v. Stansell, CA02-854, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, May 7, 2003, Decided
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Overview: Conclusion that possessors failed to obtain title by boundary-line acquiescence was erroneous, as they had extensive use of the disputed property for 30 years, in conjunction with the adjoining landowner's knowledge of the same and her silence.

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Capitol Lakes Estates, L.L.C. v. Oasis Renewal Ctr., CA02-1065, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, May 7, 2003, Decided
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Overview: Developer failed to comply with order to either convey tract to landowner free of all encumbrances or else report to court in writing why such encumbrances could not be removed. When developer appealed, order was not final. Appeal was dismissed.

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City of Little Rock v. Hubbard, CA 02-1084, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, May 7, 2003, Opinion Delivered
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Overview: Trial court erred in affirming a civil service commission decision on the ground that the decision was supported by substantial evidence rather than conducting a de novo review as required by statute. Court was ordered to conduct a de novo review.

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Cousins v. State, CA CR 02-918, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, May 7, 2003, Opinion Delivered
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Overview: Trial court erred by denying defendant's motion to vacate the jury verdict where the statute he was convicted under was not in force at the time of the alleged offense and the trial court improperly used an unpled statute to retain the verdict.

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Crain v. Burns, CA 02-865, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, May 7, 2003, Opinion Delivered
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Overview: Where individual's warning notice in quiet title suit did not comply with statutory notice period, trial court lacked subject-matter jurisdiction to adjudicate parties' rights, and appellate court lacked subject-matter jurisdiction on appeal.

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Davis v. State, CACR01-1389, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, May 7, 2003, Decided
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Overview: In aggravated assault trial, the trial court abused its discretion in admitting pistol since it was not used in the crime. However, introduction of the pistol was merely cumulative to testimony by officer regarding the facts of defendant's arrest.

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Dependable Air Conditioning Co. v. Ford, CA02-892, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, May 7, 2003, Decided
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Overview: Arkansas Workers' Compensation Commission could reconsider decision without remanding case to ALJ for more evidence. Evidence supported finding that aggravation of a preexisting back injury was a compensable injury.

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Ford v. State, CA02-1256, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, May 7, 2003, Decided
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Overview: Where police smelled marijuana in appellant juvenile's home, it was some indication that appellant knew of the marijuana's existence, but it was not evidence that appellant had constructive possession of the marijuana.

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Glasgow v. State, CACR 02-911, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, May 7, 2003, Decided
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Overview: Evidence supported conviction for possession of drug paraphernalia with intent to manufacture methamphetamine. Search warrant affidavit was sufficient to establish probable cause. Police officer qualified as an expert on manufacturing drugs.

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Hughes v. State, CA02-1319, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, May 7, 2003, Decided
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Overview: Where 17 year-old juvenile was charged with aggravated robbery, theft of property, and fleeing, the trial court's decision denying a transfer of the case to the juvenile division was not clearly erroneous given juvenile's record and use of weapon.

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