Arkansas, May, 2006, State Case law

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State Courts - Arkansas - May 17, 2006

Barnes v. Fort Smith Pub. Schs, CA05-1317, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, May 17, 2006, Decided
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Overview: Employee's claim for additional benefits was barred by Ark. Code Ann. ? 11-9-702 because an initial claim for benefits was decided by a prior decision that was not appealed, and the prior claim did not toll the statute of limitations in ??11-9-702 when the employee made an additional claim for benefits in 2004.

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Basham v. State, CACR04-963, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, May 17, 2006, Decided
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Overview: The decision of the trial court to admit evidence was affirmed because its admission was not erroneous under Ark. R. Evid. 404(b); the witness' testimony was relevant to the factual determination of whether defendant honestly and in good faith, albeit mistakenly, believed the victim consented to anal penetration.

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Blair v. Blair, CA05-1024, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, May 17, 2006, Decided
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Overview: Trial court erroneously found that mother's move and continued relationship with a married man constituted a change of circumstances to award father custody of their children. Original decree provided alternative visitation schedule in event of a move and the court knew of the affair at that time. Thus, the events were not unknown or unanticipated.

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Blevins v. State, CACR 05-1053, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, May 17, 2006, Decided
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Overview: Pursuant to Ark. R. Crim. P. 16.2(e), a trial court did not err in denying defendant's motion to suppress where affidavits had cited anonymous tips and indicated that a police canine alerted numerous times on defendant's storage unit; there was information known to one of the executing officers that bolstered the reliability of the canine.

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Bogachoff v. Ark. Dep't of Human Servs., CA 04-1183, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, May 17, 2006, Decided
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Overview: Trial court properly terminated mother's parental rights where she stated at hearing that she was not ready to take children without help; such statement was contrary to overriding legislative directive in Ark. Code Ann. ? 9-27-341(a)(3) to provide permanency for children where return to the home could not be accomplished within a reasonable time.

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Clement v. Daniels, No. 06-519, SUPREME COURT OF ARKANSAS, May 17, 2006, Opinion Delivered
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Overview: Voter's Ark. Code Ann. ? 7-5-207(b) mandamus and declaratory judgment petition was properly dismissed. He failed to show that candidate for lieutenant governor had abandoned his Arkansas domicile with the intent never to return to it. The evidence supported circuit court's finding that candidate met Ark. Const. art. VI, ? 5, residency requirements.

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DeQueen Sand & Gravel Co. v. Cox, CA05-1239, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, May 17, 2006, Decided
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Overview: Objective medical evidence, including pulmonary function test results, showed that employee seeking workers' compensation had 50% impairment, and for purposes of Ark. Code Ann. ?? 11-9-102(16)(A)(i), 11-9-704(c)(1)(B), pulmonary-function testing was an objective test despite fact that a patient was at least partially able to control his breathing.

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Gilbert v. Richardson, CA05-936, COURT OF APPEALS OF ARKANSAS, May 17, 2006, Decided
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Overview: Where the mother's continued drug use and arrests placed her children at substantial risk of serious harm and caused them to miss school, the order adjudicating her children dependent-neglected was affirmed. After the trial judge recused herself, the mother failed to timely appeal the denial of her Ark. R. Civ. P. 59 motion for a new trial.

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Girtman v. Ark. Dep't of Human Servs., CA 05-747, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, May 17, 2006, Decided
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Overview: Court properly terminated mother's parental rights pursuant to Ark. Code Ann. ? 9-27-341(b) where there was evidence that she routinely left her children with people with whom she was not well acquainted; during the time that the children were left with others, one child almost drowned and other child was sexually molested by more than one person.

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Jackson v. State, CACR05-1244, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, May 17, 2006, Decided
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Overview: Since defendant failed to renew his motion to dismiss at the close of all the evidence, the appellate court was precluded from reviewing his argument on appeal that the circuit court erred in denying his motion. The decision of the circuit court was affirmed.

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