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| Arvest Bank Group, Inc. v. Ashcraft, CA04-971,
COURT OF APPEALS OF ARKANSAS, DIVISION TWO, May 11, 2005, Decided
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Overview: Substantial evidence supported the finding that continuing medical treatment of an employee was necessary pursuant to Ark. Code Ann.¿¿ 11-9-508(a) (2002); the employee was still in a healing period, as defined in Ark. Code Ann. ¿ 11-9-102(13) (Supp. 2003), and she was entitled to temporary total disability benefits.
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| Brewer v. State, CACR04-887,
COURT OF APPEALS OF ARKANSAS, DIVISION THREE, May 11, 2005, Decided
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Overview: Defendant's various drug convictions were proper where he made no showing of prejudice with regard to a taped statement because he failed to put the actual text of the statement he was contesting before the court on review. It was his burden to provide a sufficient record to demonstrate error was his responsibility.
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| Communications Distrib. Corp. v. SCC Holdings Corp., CA04-1141,
COURT OF APPEALS OF ARKANSAS, DIVISION THREE, May 11, 2005, Decided
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Overview: In a lease dispute, assignee could not argue that approval of manager was a condition precedent because by paying rent and complying with other lease terms, this provision was waived. Trial court did not err in holding assignee liable to lessee because assignee was simply repaying money owed to the lessee when the assignee defaulted.
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| Fairow v. State, CACR04-679,
COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, May 11, 2005, Decided
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Overview: The evidence was sufficient to warrant the conclusion that defendant, a felon, possessed a firearm stolen from an auxiliary police officer's truck, as proof of actual possession was not necessary in order to establish theft by receiving because proof of constructive possession sufficed.
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| Gipson v. State, CACR04-507,
COURT OF APPEALS OF ARKANSAS, DIVISION ONE, May 11, 2005, Decided
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Overview: The appellate court did not have jurisdiction to consider defendant's argument that the trial court erred by denying his motion for a continuance of the suppression hearing because his argument was not a cognizable basis for an appeal under Ark. R. Crim. P. 24.3(b) (2004).
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| Griffith v. Ark. Dep't of Human Servs., CA04-826,
COURT OF APPEALS OF ARKANSAS, DIVISION THREE, May 11, 2005, Decided
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Overview: A mother's parental rights were terminated under Ark. Code Ann. ¿ 9-27-341 because, despite completing parenting classes, visiting the children, and participating in homemaking services, the mother failed to remedy the conditions that led to the removal; the mother was unable to provide suitable housing for the children.
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| Jordan v. State, CACR04-866,
COURT OF APPEALS OF ARKANSAS, DIVISION THREE, May 11, 2005, Decided
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Overview: Victim's pretrial identification of defendant was sufficiently reliable where the victim did not identify anyone else prior to the procedure and stated unequivocally that defendant was the person carrying her jewelry box. Defendant's spontaneous admissions to the police were voluntary and admissible and not against a preponderance of the evidence.
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| Lawrence v. State, CACR 04-1010,
COURT OF APPEALS OF ARKANSAS, DIVISION TWO, May 11, 2005, Decided
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Overview: The jury had sufficient evidence from which it could conclude that defendant was the person who robbed the bank; bank employees and customer testified that defendant matched the description of the robber and various witnesses testified that defendant had told them that he had recently stolen something.
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| Myers v. Ark. Dep't of Human Servs., CA 04-745,
COURT OF APPEALS OF ARKANSAS, DIVISION THREE, May 11, 2005, Opinion delivered
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Overview: Even in a case involving termination of parental rights where constitutional issues were argued, the appellate court would not consider arguments made for the first time on appeal; therefore, the judgment terminating the father's parental rights was affirmed.
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