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| Andrews v. Air Evac EMS, Inc., CA 03-1044,
COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, May 5, 2004, Decided
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Overview: Wrongful death action filed against healthcare providers by a decedent's parents was void ab initio, where the decedent had no personal representative and the complaint failed to include the decedent's half-brother as a plaintiff.
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| Benson v. State, CA CR 03-623,
COURT OF APPEALS OF ARKANSAS, DIVISION THREE, May 5, 2004, Opinion Delivered
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Overview: Where defendant had previously been convicted of three felonies involving violence, the trial court did not err in denying his motion to dismiss the "three strikes" enhancement after he was found guilty of two counts of committing a terroristic act.
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| Gibbons v. State, CACR03-284,
COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, May 5, 2004, Decided
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Overview: Evidence found in a bedroom in a house defendant shared with her husband was sufficient to support her conviction for possession of a controlled substance with intent to deliver and possession of drug paraphernalia.
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| Hutchens v. State, CACR03-1042,
COURT OF APPEALS OF ARKANSAS, May 5, 2004, Decided
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Overview: A store clerk's statement to a police officer just minutes after she became the victim of an aggravated assault was admissible at trial under the excited utterance exception to the hearsay rule.
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| Jackson v. State, CA CR 03-702,
COURT OF APPEALS OF ARKANSAS, DIVISIONS THREE AND FOUR, May 5, 2004, Opinion Delivered
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Overview: State's failure to prove that substance was statutorily-defined counterfeit substance was fatal to defendant's criminal conviction of possession of a counterfeit substance with the intent to deliver, also, there was no evidence of attempted delivery.
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| Jordan v. State, CACR03-656,
COURT OF APPEALS OF ARKANSAS, DIVISION ONE, May 5, 2004, Decided
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Overview: In a drug case, trial court erred in denying defendants' motion to suppress, as there was no indication they were involved in illegal activity, and only justification for stopping them was that they were "in the wrong place at the wrong time."
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| Kelley v. Buildings, Inc., CA03-1109,
COURT OF APPEALS OF ARKANSAS, May 5, 2004, Decided
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Overview: Medical records supported finding of Workers' Compensation Commission that an employee failed to prove he sustained a compensable injury to his cervical spine where there was no mention of any such problems until well over one year after the injury.
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| Lamar Outdoor Adver., Inc. v. Ark. State Highway & Transp. Dep't, CA 03-413,
COURT OF APPEALS OF ARKANSAS, DIVISION TWO, May 5, 2004, Decided
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Overview: In action under Arkansas Highway Beautification Act it was evident business was tucked inside an area that was predominantly wooded and pastoral and which was only barely visible from interstate. Thus, agency's decision denying billboard was upheld.
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| Lamar Outdoor Adver., Inc. v. Ark. State Highway & Transp. Dep't, CA 03-412,
COURT OF APPEALS OF ARKANSAS, DIVISION TWO, May 5, 2004, Decided
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Overview: A circuit court properly affirmed a decision of the Arkansas State Highway and Transportation Department to deny an applicant's request to erect a billboard within a flood plain after considering purposes behind zoning ordinance allowing billboard.
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| Richardson v. Ark. Dep't of Human Servs., CA 03-666,
COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, May 5, 2004, Opinion Delivered
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Overview: A mother's appeal from a judgment adjudicating her daughter dependent neglected was moot because, subsequent to the filing of the mother's notice of appeal, a review and closure order had been entered, returning the child to the mother's custody.
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