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   State Courts - Arkansas - May 16, 2001

  
Entm't & Leisure Corp. v. Razorback Entm't Chancellor Corp., CA00-876, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, May 16, 2001, Decided
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Overview: Failure of trial court to decide intervenors' claim to interest in property meant the trial court did not enter a final, appealable order. Further trial proceedings were required to adjudicate that interest as it was not a collateral matter.

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Goodman v. State, CA CR 00-1264, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, May 16, 2001, Decided
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Overview: The trial court did not err in denying appellant's motion to suppress because the girlfriend had actual authority to consent to the search of the trailer home as she did in fact have mutual use of the property.

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Hill v. State, CA CR 00-1134, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, May 16, 2001, Decided
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Overview: Witnesses' testimony that victim accused other men, rather than her father, of perpetrating sexual abuse upon her was barred under the rape-shield law because appellant did not file written motion to introduce the testimony.

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Hodges v. Hodges, CA 00-661, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, May 16, 2001, Decided
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Overview: Trial court did not clearly err in awarding child's custody to father, and child's placement with half-sibling was not presumed. Trial court erred in requiring substantial change in circumstances evidence, as final custody had not been awarded.

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Horne v. State, CACR00-775, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, May 16, 2001, Decided
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Overview: Appellant showed that State violated speedy trial rules and burden shifted to State to show good cause for 118-day delay. State showed that 268 days were excludable from calculation; thus, appellant's speedy trial rights were not violated.

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Hudgins v. Dir. Empl. Sec. Dep't, E99-170, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, May 16, 2001, Decided
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Overview: Agency hearing appeal of unemployment insurance benefits denial was not bound by technical procedure rules; claimant's omissions displayed willful disregard of obligations, and constituted misconduct, disqualifying claimant from benefits.

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McGhee v. Gerber Prods., CA00-1027, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, May 16, 2001, Decided
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Overview: Workers' compensation claimant did not prove injury in course of employment caused by specific incident identifiable by time and place of occurrence and workers' compensation commission had no duty to weigh evidence in manner to allow recovery.

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Pipkins v. State, CACR00-867, COURT OF APPEALS OF ARKANSAS, DIVISIONS ONE AND FOUR, May 16, 2001, Decided
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Overview: First-degree sexual abuse conviction was affirmed where appellant's argument exceeded the scope and nature of his objection at trial and he failed to submit the presentencing report.

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Rostro v. Cargill, Inc., CA 00-1070, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, May 16, 2001, Decided
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Overview: Appellate court was unable to remand or reach merits of appellant's argument in workers' compensation case where argument had not been raised to workers' compensation commission in first instance.

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Sain v. State, CACR00-634, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, May 16, 2001, Decided
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Overview: No abuse of discretion occurred in denying codefendants' mistrial motions after indirect reference was allegedly made to fact neither testified. Remark about locating "these folks" referred to two witnesses, not codefendants.

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